Ayan Pramanik And ORS v. State Of West Bengal And ANR

15.12.2022

IN THE HIGH COURT AT CALCUTTA

Item No.24 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1758 of 2021 Ayan Pramanik & Ors.

versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure.

Mr. Tapan Datta Gupta, Mr. Parvej Anam ... For the Petitioners.

Mr. Avishek Sinha ... For the State.

Affidavit-of-service filed in Court today be kept on record.

This revisional application has been preferred for quashing of the proceedings being G.R. No. 1181 of 2021 arising out of Uttarpara Police Station Case No. 267 of 2021 under Sections 498A/406/34 of the Indian Penal Code. Records reflect that marriage was solemnized on 14.02.2021 and the FIR was registered on 08.07.2021. Having regard to the close proximity of time within which the FIR was registered and the nature of allegations which are surfacing in the letter of complaint addressed to the Officerin-Charge, I am of the opinion that this is not a fit case for interference at this stage.

Mr. Datta Gupta, learned advocate appearing for the petitioners submits that the contents in the FIR itself raises a doubt regarding the veracity of its contents. Mr. Sinha, learned advocate appearing for the State submits that the case was initiated on 08.07.2021 and more than 11⁄2 years have passed in the meantime.

Having regard to the submissions advanced on behalf of the petitioners and the State, I am of the view that the investigation should be taken to its logical conclusion. If the investigation has not yet been concluded, the investigating authority is directed to submit their report under Section 173 of the Code of Criminal Procedure. In case, the report has been submitted, the petitioners be supplied with the copies under Section 207 of the Code of Criminal Procedure. The petitioners, if so advised, would file their application under Section 239 of the Code of Criminal Procedure.

Learned Magistrate would consider the grievance of the petitioners which would include also the points so canvassed in the present revisional application. No interference is called for at this stage.

With the aforesaid observations, the revisional application being CRR 1758 of 2021 is disposed of. All pending connected applications, if any, are consequently disposed of.

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 with all requisite formalities.

(Tirthankar Ghosh, J.)