Bhakti Rani Saha v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Before:

The Hon'ble Mr. Justice Jay Sengupta C.R.R. 1750 of 2025 Bhakti Rani Saha Vs.

The State of West Bengal & Anr.

For the Petitioner :

Mr. Debasis Kar Heard on :

14.07.2025 Judgement on :

14.07.2025 Jay Sengupta, J. :

1.

This is an application challenging an order dated 15.02.2025 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Barrackpore in S.C. Case No.294 of 2019, thereby refusing to discharge the petitioner from the instant case where a charge sheet was submitted under Sections 498A, 406, 306 and 34 of the Penal Code.

2.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is presently about 80 years old and is of frail health. Even at the time of occurrence that is in 2019, she was hardly in a position to commit such offence as alleged. In fact, she was staying separately from the couple in question. Allegations were absolutely omnibus in nature. No prima facie case is made out

against the present petitioner. Any further continuation of the impugned proceeding shall be an abuse of the process of Court. 3.

It appears from the statements of witnesses that they had specifically taken the name of the petitioner, among others, for committing torture upon the victim resulting in the suicide.

4.

The impugned order had also considered submissions advanced on behalf of the petitioner. It does not appear that there is any particular infirmity in the same.

5.

Considering the statements of witnesses and other materials as available in the annexure to the revisional application and the reasoned impugned order, I do not find any merit in this application. Accordingly, the same is dismissed. 6.

However, the petitioner shall be at liberty to take up all the points available to her including the ones taken up herein, before the learned Trial Court who shall then consider the same in accordance with law and conclude the trial as expeditiously as possible.

7.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.) Sl. 325/NB