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40 25.07.2017
an Court No. 34

CRR 594 of 2015
(Arabinda Dutta ors. vs. State of W.B. anr.)

Mr. Bharat Ch. Simai
…………. for the Petitioner

This court is invited to invoke its jurisdiction under Sections 401/482 of

the Code of Criminal Procedure. The petitioner has sought for quashing of the

proceedings being G.R. case no. 257/2008 under Sections 498A/34 of the Indian

Penal Code.

According to the petitioner, the concerned FIR was lodged after two days

from the alleged date of incident, and there was a story of torture, demand of dowry

etc. After a full-fledged investigation, the Police submitted chargesheet under

Section 498A of the Indian Penal Code and the charges were framed and the

accused persons were put on trial. In the mean time, one of the accused, Sitala

Sundari Devi died and the learned trial court wanted to obtain the death report of

the same but neither the I.O. nor the present petitioner furnished death certificate

of the said Sitala Sundari Devi.

It further appears from the order sheets of the learned trial court that in

many occasions, the defacto-complainant, Shampa Datta did not turn up at the

stage of recording of evidence. Under a compelling circumstance, the learned trial

court has issued witness warrant of arrest against the said witness but that was

proved abortive. Naturally, the case is pending due to the absence of the defacto-

complainant.

Considering the above, I hold that this revisional application is liable to

be disposed of by directing the learned trial court to ensure the attendance of the

defacto-complainant, Shampa Datta before that court and the S.P., Bankura shall
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be directed to execute that W.W.A. in respect of Shampa Datta personally or by any

authorized Officer and in so doing, the learned Magistrate shall forward the copy of

this order for information and necessary action to the S.P., Bankura accordingly.

Thereafter, the learned trial court shall fix consecutive three dates for adducing

further evidence and the concerned Officer-in-Charge shall be directed to produce

the witnesses on those dates, to be fixed by the learned trial court positively, failing

which appropriate steps and action shall be taken by the learned Magistrate for

flouting the decisions of the Hon’ble Apex Court.

Hence, in view of the above directions, this revisional application stands

disposed of.

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.)