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Calcutta High CourtCRR/340/2014dismissed

Ashok Kumar Agarwal & ORS v. State Of West Bengal & ANR

2022-07-18Hon'Ble Justice Bivas Pattanayak2 pages

CRR 340 of 2014 Court No. 33 Item 15 Sk 18.07.2022 In Re.:- An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

In the matter of:- Ashok Kr. Agarwal & Ors. versus State of West Bengal & Ors Mr. Bidyut Kr. Roy Mr. Pravash Bhattacharyya ...for the State.

None appears on behalf of the petitioners.

The present revision has been filed by the petitioners for quashing of proceeding arising out of Raniganj Police Station Case No. 325 of 2013 dated 12.9.2013 under Sections 498A/506/34 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act.

The brief fact of the case is that the complainant/opposite party no. 2 lodged the F.I.R. before Raniganj Police Station with the contention that she was married to one Ashok Kr. Agarwal and one daughter was born to couple. It is alleged that after one month of marriage, she was tortured and assaulted for demand of dowry and she was also threatened with dire consequence to kill and was pressurised to commit suicide. On such basis, Raniganj Police Case No. 325 of 2013 was registered against the petitioners and one other. Being aggrieved by and dissatisfied with the said proceeding, the petitioners have preferred the present revisional application. Mr. Bidyut Kr. Roy, learned advocate for the State submits status report. Let it be kept with the record. He submits that

on the basis of prima facie materials, charge-sheet has been submitted against the petitioners and one other and accordingly, the revisional application is liable to be dismissed. It appears from the aforesaid report dated 29.6.2022 submitted by S.I. of Police, Raniganj Police Station that upon completion of investigation, charge-sheet has been submitted against the petitioners and one other under Sections 498A/506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act on the basis of primary materials collected during the course of investigation. In the aforesaid backdrop, the proceeding before the trial court does not call for interference.

It is, however, made clear that the observation made herein above shall not have any bearing on the rights and contentions of the parties before the trial court.

Accordingly, the revisional application is dismissed. All connected applications stand disposed of. Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Bivas Pattanayak, J.)