Anjan Chakraborty And Another v. Rinku Chakraborty And Another

24.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.34 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4696 of 2022 In the matter of : Anjan Chakraborty & Anr. ... Petitioners. Mr. Swapan Kumar Pal, Ms. Srijani Mukherjee ... For the Petitioners.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Aniket Mitra ... For the State.

Learned advocate appearing for the petitioners is directed to serve a copy of this revisional application upon Mr. Aniket Mitra, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioners has drawn the attention of the Court to the FIR and the letter of complaint. The present case being Regent Park Police Station Case No. 216 of 2022 dated 17.08.2022 was registered for investigation under Sections 498A/323/506/34 of the Indian Penal Code. Learned advocate submits that the allegations are general and omnibus and the facts which have been canvassed after ten years of marriage are utterly false. The petitioners have been victimised in the present case because of the investigation being prolonged. Learned advocate submits that the husband has earlier lodged complaint which was not taken into account.

Having regard to the issues so canvassed by the present petitioners, I am of the opinion that at the stage of investigation, such issues cannot be taken into consideration.

The petitioners would be at liberty to bring to the notice of the investigating agency, the complaints which were earlier lodged so that for unearthing the truth, the same would assist the investigating agency to arrive at its opinion at the stage of filing of the report under Section 173 of the Code of Criminal Procedure.

With the aforesaid observations, the revisional application being CRR 4696 of 2022 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)