Bidhan Mallick & ORS. v. State Of West Bengal & ANR.

17.02.2022

IN THE HIGH COURT AT CALCUTTA

Item No.46 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2050 of 2018 (Via Video Conference) Bidhan Mallick & Ors.

versus The State of West Bengal & Ors.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973 filed for quashing of proceedings being G.R. No.1741 of 2017 arising out of Joypur Police Station Case No.131 of 2017 dated 24.06.2017 under Sections 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and adding Section 494 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Uluberia, Howrah.

Md. Anwar Hossain, Ms. Debjani Sahu ... For the State.

As none appears on behalf of the petitioners or for the State, Mr. Anwar Hossain, learned advocate, who ordinarily appears for the State, is directed to appear in this matter and represent the State. His appointment may be regularized by the concerned authorities.

The present revisional application has been preferred challenging the proceedings being G.R. No.1741 of 2017 arising out of Joypur Police Station Case No.131 of 2017 dated 24.06.2017 under Sections 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act then pending before the learned Additional Chief Judicial Magistrate, Uluberia, Howrah.

The petitioners approached this Court immediately after submission of charge-sheet without incorporating the documents under Section 207 of the Code of Criminal

Procedure. As the only document available before this Court for appreciation and consideration being the FIR and the charge-sheet, this Court is of the opinion that prima facie materials appear in both the documents and as such, there is no scope for interference at this premature stage. Accordingly, the revisional application being CRR 2050 of 2018 is dismissed.

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. (Tirthankar Ghosh, J.)