Santashree Karmakar Nee Das & ORS v. State Of West Bengal & ANR

12.04.2022

IN THE HIGH COURT AT CALCUTTA

Item No.85 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 757 of 2020 Santashree Karmakar (nee Das) & Ors.

versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Soumya Nag ... For the Petitioners.

Mr. Swapan Banerjee, Ms. Purnima Ghosh ... For the State.

Ms. Purnima Ghosh, learned advocate appearing for the State has submitted a report. Let the said report dated 30.03.2022 be kept on record.

This revisional application was filed challenging the proceedings being English Bazar Police Station Case No. 767 of 2019 dated 01.08.2019 under Sections 498A/323/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act wherein the police authorities on conclusion of investigation submitted charge-sheet.

The report so submitted by the concerned Officer of English Bazar Police Station encloses a letter of complaint addressed to the Inspector-in-Charge, English Bazar Police Station as well as the statement recorded by her of the complainant Priya Rajak (Das). The sum and substance of the said letter as well as the statement reflects that the de facto complainant is presently residing at her matrimonial home and she is not interested in pursuing the present litigation.

Having regard to the aforesaid, I am of the opinion that further continuance of English Bazar Police Station Case No. 767 of 2019 dated 01.08.2019 as also the charge-sheet filed therein and the orders passed therein should be quashed. Thus, the revisional application being CRR 757 of 2020 is allowed.

Interim order, if any, is hereby made absolute. All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)