Malay Ghosh v. State Of West Bengal & ANR

C.R.R. No.3328 of 2018 (Via Video Conference) D/L 21 March 4, Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 filed in connection with Bagnan Police Station FIR Case No.363 of 2015 dated 24.09.2015 under Sections 498A/34 of the Indian Penal Code;

Malay Ghosh

Versus

The State of West Bengal & Anr.

Ms. Devi Priya Mitra.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Ms. Debjani Sahu.

...for the State.

Mr. Supriya Das.

...for the opposite party no.2.

The present revisional application has been preferred challenging the proceedings arising out of Bagnan Police Station Case No.363 of 2015 dated 24.09.2015 corresponding to G.R. Case No.2151 of 2015.

Ms. Mitra, learned advocate appearing for the petitioner challenges the FIR and consequent charge-sheet which have been submitted in connection with the instant case. Mr. Mukherjee, learned Public Prosecutor, opposes such contentions.

I have perused the FIR, charge-sheet and the relevant materials which have been collected by the Investigating Agency in course of the trial.

Having regard to the materials so collected, I am of the

opinion that prima facie a case has been made out under the provisions of Sections 498A/34 of the Indian Penal Code for progress of the trial of the case. As such, no interference is called for.

Accordingly, CRR 3328 of 2018 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)