SAKTI RANJAN MUKHOPADHYAY Vs. STATE OF WEST BENGAL
LAWS(CAL)-2012-6-6
HIGH COURT OF CALCUTTA
Decided on June 08,2012

SAKTI RANJAN MUKHOPADHYAY Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) This writ petition has been filed by the petitioner, inter alia, praying that the complaints of petitioner be referred to Director, Central Bureau of Investigation, Eastern Region, Kolkata or any other agency like C.I.D. West Bengal, for investigation.
(2.) The grievances of the petitioner are as follows : The petitioner married respondent no. 7 on 04.02.1987. The family of the respondent no. 7 alleged that the petitioner was impotent. The petitioner suspected respondent no. 7 of having an affair with his younger brother. A daughter was born to the couple on 08.03.1988. Over such matrimonial dispute the petitioner left his parental home at 2/198, Bijoygarh, Kolkata 700 032. The petitioner claimed that he had built a house, named and styled, Mayer Ashis at Ichapur, North 24-Parganas but was unable to stay therein due to the ill-treatment meted out by respondent no. 7 herein. Unable to bear such torture at the hands of respondent no. 7, the petitioner brought such dispute to the notice of West Bengal Human Rights Commission and, on 23.05.1990, the petitioner was compelled to make an application for voluntary retirement which was accepted by his office. Finally on 13.12.1990, the respondent no. 7 alleging that the petitioner was insane drove him out of his residence and the latter took refuge at Bharat Sevashram Sangha and started working as a primary teacher at its residential school. On 10.01.2000 the respondent no. 7 lodged a missing diary at Nawpara Police Station claiming that the petitioner was missing from the said residence. In the meantime, the respondent no. 7 instituted a proceeding under Section 125 Cr.P.C. being M Case No. 354/2005 where the petitioner was directed to pay an amount of Rs. 500/- (Rupees Five Hundred) per month to his daughter, Tanaya. The respondent no. 7 also filed a civil suit being Title Suit No. 48/06 before the learned Civil Judge, Jr. Division, 4th Court, Sealdah praying for a declaration and injunction in respect of the said residential house. Subsequently, by order dated 02.02.2010 the suit filed by the respondent no. 7 was dismissed. The petitioner, on the other hand, filed a divorce suit at Barasat being Mat Suit No. 82/05 before the learned Additional District, Judge, 7th Court, Barasat, which was subsequently transferred to the Court of the learned Additional District Judge, Barrackpur and renumbered as Mat Suit No. 547/09.
(3.) The said suit is stayed due to proceedings pending before this Court. In the meantime, the petitioner filed a complaint with the SDPO, Barrackpur on 21.04.2006 with regard to the unlawful and wrongful acts of respondent no. 7. Subsequently, the petitioner started residing at Shri Ramkrishna Matananda Ashram, Bakreswar, managed by respondent nos. 8 and 9.;


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