Sunam Sinha v. State Of West Bengal & ANR

CRR 590 of 2015 Court No. 33 Item 25 Sk 25.08.2022 Sunam Sinha - versus- State of West Bengal & Anr.

Re: An application under Sections 482 read with Section 401 of the Code of Criminal Procedure.

N.P.Agarwal Mr. Pratick Bose ......for the State.

None appears on behalf of the petitioner.

The petitioner has preferred the present revisional application for quashing of the proceeding being C.G.R. Case No. 2047 of 2014 under Sections 498A/406/34 of the Indian Penal Code pending before learned Chief Judicial Magistrate, at Alipore, 24-Parganas(South).

The factual matrix of the case is that opposite party no. 2-complainant lodged a written complaint before the Officerin-Charge, Tollygunge Police Station alleging that she was married to the petitioner and after the said marriage she was tortured and assaulted in the matrimonial home. On such basis FIR was registered against the petitioner and four others. On completion of investigation, charge-sheet was submitted against all the FIR named accused persons including the petitioner under Section 498A/406/34 of the Indian Penal Code.

Being aggrieved by and dissatisfied with the said proceeding, the petitioner has preferred the present revisional

application.

Mr. N.P.Agarwal along with Mr. Pratck Bose , learned advocates, who generally appears on behalf of the State of West Bengal is requested to appear for Opposite party no.1State of West Bengal. The concerned authority is requested to regularize their appointment. He submits that on the basis of primary materials, police has submitted charge-sheet and as such the revisional application is liable to be dismissed. It appears from the certified copy of the charge-sheet annexed to the application that upon completion of investigation, police submitted charge-sheet against the petitioner and four others under Sections 498A/406/34 of the Indian Penal Code. In view of the above, the proceeding before the trial court does not call for interference. Accordingly, the present revisional application stands dismissed.

All connected applications stand disposed of. Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously to the parties after complying with all necessary legal formalities.

(Bivas Pattanayak, J.)