Angon Maity & ORS v. State Of West Bengal

01.07.2022 Item No.37 Ct. No.33 Saswata CRR 543 of 2015 Angon Maity & Ors.

-vsThe State of West Bengal & Ors.

Mr. Sandip Chakraborty ... ... for the State None appears on behalf of the petitioners.

Mr. Sandip Chakraborty, learned advocate appears on behalf of the State. The concerned authorities are requested to regularize his appointment.

The present revisional application has been filed by the petitioner under Sections 401/482 of the Cr.P.C. for quashing of proceedings arising out of Berhampore Police Station |Case no. 578 of 2012 dated 16.05.2012 under Sectionis 498A/34 of the IPC pending before the Learned Judicial Magistrate, 1st Court at Berhampore, Murshidabad.

The brief fact of the case is that opposite party no. 2 - complainant lodged FIR at Berhampore Police station with the contention that she was married to petitioner no. 1 on 07/02/2004 and since marriage, she has been subjected to torture both physically and mentally by her husband and inlaws. On such basis, FIR was registered being Berhampore P.S. Case no. 578 of 2012 dated 16.05.2012 under Sections 498A/34 of the IPC against the petitioners. Upon completion of investigation, police submitted charge sheet against all the petitioners under Sections 498A/34 of the IPC. Being aggrieved

by and dissatisfied with such proceedings, the petitioners preferred the present revisional application. Mr. Sandip Chakraborty, learned advocate appearing for the State submits that on the basis of prima facie materials charge sheet has been submitted in this case and as such, the proceeding does not call for any interference. It appears that on the basis of written complaint of the opposite party no. 2, the FIR was registered and, thereafter, on completion of investigation, charge sheet was submitted against all the petitioners under Sections 498A/34 of the Indian Penal Code on the basis of the materials collected during the course of investigation. Accordingly, such proceeding does not call for interference.

Hence, the criminal revision being CRR 543 of 2015 stands dismissed.

It is made clear that the observations made hereinabove shall not have any bearing with the rights and contentions of the parties before the Trial Court.

Connected application, if any stands dismissed too. Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for be given to the parties on priority basis upon completion of requisite formalities.

(Bivas Pattanayak, J.)