(Murali Mohan Paul & Ors vs State & Anr.) on 18 July, 2017

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10 18.07.2017

CRR 2771 of 2014
an Court No. 34
(Murali Mohan Paul Ors. vs. State anr.)

Mr. Prabir Kr. Mitra
Mr. Pinak Mitra
Ms. Ujjaini Chatterjee
…………. for the petitioners

The accused petitioners had shown this court as to how the process of

law is being abused at the behest of the matrimonial relations i.e. the wife of

Dharitri Mohan Pal.

The present petitioners are the father-in-law, brother-in-law, sister-in-

law and brother’s wife and child etc. The cause title reflects that they reside in

different places of West Midnapore. Inspite of that, they have arrayed as accused of

a case under Section 498A of the Indian Penal Code.

It further appears from the record that the FIR was lodged in the year

2014 whereas the matrimonial suit was initiated in the year 2010.

This court is not oblivious to the fact that in recent times, there is a

tendency to implicate all the family members and relations thereto and even

sometime they include the domestic help as matrimonial inmates. This case is a

glaring example of such type of cases.

Despite notice nobody turns up on behalf of the State as usual. Mr.

Imran Ali, learned counsel, who is representing the State in this matter, is supposed

to be present in the court, but, he is significantly absent because he is under

obligation to produce the case diary of the matter accordingly. His absence from

court is his usual practice.

However, considering the above, I hold that it is a fit case where the High

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Court shall invoke its jurisdiction under Section 482 of the Code of Criminal

Procedure.

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Therefore, the proceedings bearing chargesheet no. 65/2014 dated

25.03.2014 under Sections 498A/323/342/344/34 of the Indian Penal Code are

taken in respect of the present petitioners only.

I further make it clear that this court has not made any observation

regarding the alleged involvement of the husband in the commission of crime.

Hence, with the above directions, this criminal revisional application

stands allowed.

Let a copy of this order be forwarded to the learned trial court for

information and necessary action.

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.

(Siddhartha Chattopadhyay, J.)

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