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Calcutta High CourtCRR/1172/2022dismissed

Tushar Kanti Das @ Tushar Das And ORS. v. State Of West Bengal And ANR.

2023-06-05Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. 1172 of 2022 M/L6 05.06.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Tushar Kanti Das @ Tushar Das and others

Versus

State of West Bengal and another Mr. Dev Kumar Sharma.

...for the petitioners.

Mr. Arijit Ganguly, Ms. Debjani Sahu.

...for the State.

Petitioners are directed to serve a copy of the revisional application upon Mr. Arijit Ganguly, learned advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authorities.

The present revisional application has been preferred challenging the charge-sheet submitted in connection with Liluah Police Station Case No.220 of 2021 dated 25.06.2021 wherein the charge-sheet has been submitted under Sections 498A/406/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Records reflect that the marriage was solemnised in the year 2011 and the de facto complainant/lady has categorically stated/alleged physical and mental torture against the in-laws. I have also considered the statement of the witnesses under Section 161 of the Code of Criminal Procedure which reflects the complicity of each of the petitioners.

Learned advocate appearing for the petitioners submits

that there is hardly any corroboration between the witnesses who has been relied upon by the prosecution. The factum of corroboration has been gone into by the learned trial court in course of trial.

Mr. Ganguly, learned advocate appearing for the State opposes the contentions advanced by the petitioners. Having regard to the stage at which the petitioners approached this Court, I am of the opinion that this is not a fit case for interference.

Accordingly, the revisional application being CRR 1172 of 2022 is dismissed.

Pending application, if any, is consequently dismissed. Petitioners are granted liberty to take up this point in course of the trial.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)