Tamal Das And ORS v. The State Of West Bengal And ANR
Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction 06.01.2022 Sl No. 19 Srimanta Ct. No. 02 CRR 8 of 2021 In Re: Tamal Das & Ors.
... ... Petitioners.
Mr. Hillol Saha Podder, Adv., ... for the Petitioners.
Mr. Aditi Shankar Chakraborty, Adv., Mr. Arun Kumar Sarkar, Adv.
... ... for the State.
Mr. Shibaji Kumar Das, Adv.
...for the respondent no. 2.
The instant criminal revision is filed by the accused persons (hereafter described as the petitioners) against whom Chargesheet No. 59/2019 dated 30.04.2019 under Sections 498A/506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961 was filed and also supplementary chargesheet was filed on 30th September, 2020 adding 307 of the Indian Penal Code against the petitioners.
It is submitted by the learned advocate for the petitioners that the petitioner no. 1 is the husband of the de facto complainant. The de facto complainant lodged a written complaint before the Officer-in-Charge, Bhaktinagar Women Police Station, Siliguri against all the petitioners. It is not in dispute that marriage of the de facto complainant was solemnized with the petitioner no. 1 according to Hindu rites and ceremonies on 24th January, 2018. The FIR disclosed that soon after marriage the de facto complainant was subjected to physical and mental torture by
her husband, father-in-law and mother-in-law. It is specifically stated by her that failing to bear such physical and mental torture she became mentally depressed and sick. She was not even offered with proper medical treatment during her illness. In the meantime, she gave birth to a male child. It is further stated that on 15th August, 2018, her mother-in-law called other accused persons who are her matrimonial relations. They abused her with filthy language and also assaulted her. It is also stated by her in her FIR that her father tried to settle the dispute amicably but the accused persons informed him that they would not accept the de facto complainant unless further dowry is paid as per their demand. Police submitted charge-sheet against the accused persons on the basis of the materials collected by the Investigating Officer during investigation.
After filing of the charge-sheet the Court is of the view that a criminal case cannot be quashed. The petitioners have liberty to pray for discharge at the time of consideration of charge under Section 239 of the Code of Criminal Procedure. Moreover, Section 482 is to be applied by the High Court very sparingly. Considering such aspect of the matter, I am not inclined to pass any order discharging the petitioners from the above-mentioned criminal case without facing trial. Prayer is accordingly refused. The instant criminal revision is dismissed on contest, however, without cost.
(Bibek Chaudhuri, J.)