Tarak Nath Masanta @ Tarak Masanta And ORS. v. State Of West Bengal And ANR

14.03.2024

IN THE HIGH COURT AT CALCUTTA

Item No.29 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1040 of 2024 In the matter of : Sri Tarak Nath Masanta @ Tarak Masanta & Ors.

... Petitioners.

Mr. Mrityunjoy Chatterjee, Mr. Manas Das ... For the Petitioners.

Petitioners have challenged the continuance of Barikul Police Station Case No. 44 of 2023 dated 06.12.2023 which has been registered for investigation under Sections 498A/323/406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Learned advocate appearing for the petitioners draws the attention of the Court to the enclosed documents which relates to orders being passed in proceedings by the civil court both in respect of divorce and restitution of conjugal rights. Learned advocate submits that pursuant to the said order being passed and no appeal being preferred, the petitioner no.1 married and thereafter the present case has been initiated at the instance of the opposite party no.2. According to the petitioners there has been complete suppression of materials for initiation of the present case. Be that as it may, the investigation of the case is in progress. The petitioners would be at liberty to produce all the documents before the investigating officer of the case who would give a seizure list in respect of the documents so tendered by the petitioners and thereafter will take the investigation to its logical conclusion. The petitioner would be

at liberty to approach this Court once the report under Section 173 of the Code of Criminal Procedure is filed and the documents under Section 207 of the Code of Criminal Procedure are handed over to them.

With the aforesaid observations, the revisional application being CRR 1040 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)