Avijit Poddar @ Abhijit Poddar And Others v. State Of West Bengal And ANR

26.09.2024 Item No. 13 SG

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION C.R.R. No. 3373 of 2024 In the matter of : Avijit Poddar @ Abhijit Poddar and Ors. .....petitioners Mr. Biswajit Nag ....... for the petitioners

1. Petitioners are the husband and in-laws of the victim housewife. It is submitted allegation of torture and physical assault is not supported by medical evidence.

2. I have considered the materials on record. Uncontroverted allegations in the FIR show victim was brutally assaulted by the petitioners. Petitioners rely on a reply in response to notice under the Right to Information Act in support of their plea that the victim did not suffer injury. They also rely on other documents annexed to the petition. It is trite documents annexed to the petition cannot be considered as sacrosanct unless the same are proved in accordance with law.

3. Under such circumstances, we are not inclined to enter into an enquiry with regard to the credibility of the allegations vis-à-vis the documents annexed in the petition. Prayer for quashing is rejected at this stage. It is open to the petitioner to agitate his grievances at the appropriate stages of the proceeding including

the stage of consideration of charge in accordance with law, if so advised.

4. Accordingly, CRR 3373 of 2024 is disposed of. (Joymalya Bagchi, J.)