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Calcutta High CourtCRR/1042/2024dismissed

Tanusree Debnath Nee Das v. State Of West Bengal And ANR

2024-05-02Hon'Ble Justice Tirthankar Ghosh2 pages

02.05.2024 Serial no. 2 [G.S.D] CRR 1042 of 2024 In the matter of : Tanusree Debnath nee Das ... ... Petitioner Mr. Subrata Santra Ms. Gargi Dhang ... for the petitioner Mr. Debasish Roy Mr. Arijit Ganguly Ms. Anneswa Chakraborty ... for the State The petitioner has prayed for quashing the chargesheet number 46 of 2023 dt. 2.5.23, which has been submitted in connection with Entally P.S. Case No. 16 dt. 17.1.2023.

Ld. advocate for the petitioner submits that the mother-in-law and the husband has falsely implicated her in the instant case and the present case has been instituted at a belated stage as a counter-blast to the FIR which has been lodged at her instance.

Although, the case is under sections 341/323 of the IPC, I find that in the case diary two medical reports of Calcutta National Medical College and Hospital has been relied upon of Neeta Debnath and Kunal Debnath. The same reflects blunt trauma at the head, ear and neck along with abrasion for both the injured.

Having considered that the injury reports are available and relied upon by the prosecution in connection with Entally P.S. Case No. 16 dt. 17.1.2023, mere existence of another case being Entally P.S. Case No. 343 dt. 19.11.22 will not be sufficient to hold that the present case has been initiated only for wrecking vengeance.

Having considered the materials which have been collected by the investigating agency, I am of the view that the trial of the case should proceed and should be taken to its logical conclusion within a reasonable period of time. No interference is made in respect of the prayer so advanced by the petitioner.

With the aforesaid observations, CRR 1042 of 2024 is dismissed.

Pending application, if any, is also disposed of. Case Diary be returned to the ld. advocate for the State.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

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

(Tirthankar Ghosh, J.)