Abdul Malek v. State Of West Bengal & ANR

08.09.2021 Sl. No. 46 Srimanta Ct. No. - 34 D/L CRR/805/2012 (Via Video Conference) In Re : An application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the charge-sheet and its subsequent proceedings being its No. 229 dated 12.07.2010 under Sections 498(A)/34 of the Indian Penal Code in the Karandhigi Police Station Case No. 163 of 2010 dated 08.05.2010 in G.R. Case No. 988 of 2010. In the matter of : Abdul Malek.

... petitioner.

Mr. Arijit Ganguly, Adv., Mrs. Manisha Sharma, Adv.

...for the State.

This revisional application was preferred for quashing of the Charge-sheet in respect of proceedings arising out of Karandhigi Police Station Case No. 163 of 2010 dated 08.05.2010 under Sections 498(A)/34 of the Indian Penal Code. The petitioner approached this Court challenging the proceeding wherein he has been implicated by the defacto complainant who happens to be his wife. Prima facie, the materials appearing in the charge-sheet are that there were demand of dowry and allegation of mental and physical torture. The issues so raised in the revisional application are purely on question of fact which cannot be entertained by this Court by exercise of its revisional jurisdiction or its inherent powers. Report so submitted by the Learned Advocate for the State be kept with the record. No interference is called for so far as the merits of the case is concerned. Accordingly, C.R.R. 805 of 2012 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, be hereby vacated.

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