Calcutta High CourtCRR/4453/2024disposed

Saikat Majhi And Others v. State Of West Bengal

2025-03-21Hon'Ble Justice Sugato Majumdar2 pages

21.3.2025 Ct. No. 40 Item No.8 Samarpita CRR 4453 of 2024 In Re: - An application under Section 528 read with Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with G.R. No. 590 of 2024 arising out of Chitpur Police Station Case No. 61 of 2024 under Section 498A/34 of the Indian Penal Code And Sri Saikat Majhi & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Shuvanil Chakraborty, Mr. Rakesh Jana ... for the Petitioners Mr. Subhrajyoti Dey, Mr. Sushovon Dey, Mrs. Falguni Ghara ... for the opposite party no.2 Mr. Saryati Dutta, Ms. Zareen Khan, Mr. Karan Bapuli ... for the Sate Affidavit of service is taken on record.

This is an application filed under Section 528 read with Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 under Section 482/397/401 of the Code of Criminal Procedure, arising out of Chitpur Police Station Case No. 61 of 2024 dated 01.04.2024, under Section 498A/34 of the Indian Penal Code pending before the Learned Additional Chief Judicial Magistrate, Sealdah.

Heard the learned Counsel for the petitioners, opposite parties as well as the State.

The allegations made in the written complaint are of physical and mental torture. However, the statements of the victim as recorded by the Investigating Officer do not disclose any physical or mental assault. Rather, the victim complaint that she is being suspected by the in-laws. There is no

allegation of dowry demand. Statements of the victim is silent on any dowry demand.

On perusal of the Case Diary and other materials and specially, the statement of the victim. I think this is a fit case for quashing. Accordingly, the instant criminal revision being CRR 4453 of 2024 stands quashed against all the accused persons. The instant criminal revision being CRR 4453 of 2024 stands disposed of.

Case Diary may be returned to the learned Counsel for the State. Urgent certified photocopy of this order, if applied for, shall be supplied to the parties upon compliance of all necessary formalities. (Sugato Majumdar, J.)