Ratan Sardar And Another v. State Of West Bengal And ANR

D/L 2 17.02.2025 Saikat Ct. No.28 CRR 3798 of 2024 In Re: An application under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratan Sardar & Anr.

Vs.

The State of West Bengal & Anr.

Mr. Arghadip Das, Adv.

...For the Petitioners

1. Learned counsel for the petitioners prays for accommodation. We note that the matter is pending for six months and has been specially assigned before this Bench for expeditious disposal. Accordingly, the prayer is rejected.

2. Petitioners have assailed the impugned proceeding in Sonarpur P.S. case No.899 of 2023 dated 29th August, 2023 under sections 498A/323/307/354/406/34 of the Indian Penal Code.

2. In the First Information Report opposite party No.2-Wife alleged that the petitioners being her parents-in-law along with her husband and other in-laws subjected her to physical and mental torture including physical assault on the score of dowry; her husband being a habitual drunkard had assaulted her in a drunken condition on 13th April, 2023; petitioners and other in-laws tried to drown her in Mandarmoni and had also tried to suffocate her by pressing pillow on her mouth. On 30th June, 2023,

they demanded cash of Rs.2 lakhs from her parents. As the demand was not made, she was physically assaulted. Her stridhan articles were snatched away and she was driven out of her matrimonial home. She was medically treated at Sonarpur Rural Hospital and lodged F.I.R.

3. Uncontroverted allegations in the impugned F.I.R.

disclose involvement of the petitioners, i.e. her parents-inlaw in subjecting her systematic cruelty over demands of dowry. It is pleaded in the petition that there is delay in lodging the F.I.R. This issue, though not rendering the allegations improbable, may be a defence during trial if such delay is not adequately explained.

4. In this backdrop, I am of the opinion that no case of interference with the impugned criminal proceeding is made out. Petitioners are at liberty to seek appropriate remedy before the trial court in accordance with law, if so advised.

5. Accordingly, this criminal revisional application is disposed of.

(Joymalya Bagchi, J.)