Mrinal Basu & ORS. v. Gargee Basu & ANR.
AN 30.06.2022 Court No. 16 CRR 3327 of 2017 (In Re: Mrinal Basu & ors.) Mr. Bidyut Kumar Roy Mr. Nirupam Dhali ... for the State None appears for the petitioners.
The present revisional application has been filed by the petitioners under Section 482 of the Code of Criminal Procedure for quashing of proceedings being G.R. case No. 1774 of 2015 arising out of Baranagar Police Station case No. 208 of 2015 dated 24.03.2015 under Sections 498A/406/325/307/34 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 paraganas.
The brief facts of the case is that the opposite party No. 1 complainant submitted a written complaint against the petitioners with the contention that her marriage was solemnized with petitioner No. 3 (accused No. 1) on 26.10.2012 and after marriage she was tortured on demand of dowry both physically and mentally. On such basis, Baranagar Police Station case No. 208 of 2015 dated 24.03.2015 was registered under Sections 498A/406/325/307/34 of the Indian Penal Code.
Being aggrieved by and dissatisfied with the said proceedings, the petitioners have preferred the present application. Mr. Nirupam Dhali, learned counsel for the State files status report as well as memorandum of evidence. Let it be kept with the record. He submits that on the basis of the prima facie materials
charge sheet has been submitted against all the FIR accused persons under Sections 498A/406/325/34 of the Indian Penal Code and accordingly the revisional application is liable to be dismissed. It is found that upon completion of investigation, the investigating agency on the basis of primary materials collected during the course of investigation submitted charge sheet against all the petitioners under Sections 498A/406/325/34 of the Indian Penal Code. Considering such materials as indicated above, I find that the proceedings before the learned trial court does not call for interference.
In the aforesaid backdrop, the present revisional application is dismissed.
Consequently, all connected applications, if any, stand disposed of.
Interim order, if any, stands vacated.
However, it is made clear that the observations made hereinabove shall not have any bearing on the rights and contentions of the parties before the learned trial court. Let a copy of this order be sent to the learned trial court for information.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Bivas Pattanayak, J.)