Debjani Karmakar & Ors vs The State Of West Bengal & Anr on 6 July, 2017

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06/07/2017

ARDR
CRR 271 of 2014

Debjani Karmakar ors.

Vs.

The State of West Bengal anr.

Mr. Shiladitya Sanyal,
Mr. Sujan Chatterjee,
Ms. Sreyashi Bhowmick,
…for the petitioners.

Ms. Rituparna De,
Ms. Debjani Sahu,
… for the State.

Mr. Raindra Narayan Dutta,
Mr. Hare Krishna Halder,
…for the O.P. no.2.

After hearing the submissions of both parties including the learned

counsel for the de-facto complainant, it seems to me that a tendency is

being increased in our society to entangle all the family members or

relatives wherever they reside, to implicate in a case under Section 498A

of the I.P.C. This tendency has been deprecated by the Hon’ble Apex

Court in many occasions and lastly also in a case reported in 2016 (3)

SCC 724. This case falls within the purview of that decision.

Admittedly, the petitioner nos. 1 and 2 are the resident of separate

district and petitioner nos. 3 and 4 are the uncles-in-law. The

statements recorded under Section 161 Cr. P.C. speaks that the father

of the victim candidly stated that these accused persons are not

responsible for any of the offences. Statement of the father of the de-

facto complainant as well as the statement of others have given a death
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blow to the prosecution case so far as present accused petitioners are

concerned.

In such circumstances, this is a fit case where the Court should

rise to the occasion and to invoke its power under Section 482 of the Cr.

P.C.

Accordingly, the CRR stands allowed.

The proceeding being G.R. case no. 208 of 2012 pending before the

learned Additional Chief Judicial Masigatrate, Rampurhat is hereby

quashed in respect of petitioners herein only.

Urgent photostat certified copy of this order, if applied for, be given

to the parties.

(Siddhartha Chattopadhyay, J. )

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