CRR 2445 of 2017
In the matter of : Partha Acharjee Ors.
Petitioner has assailed order dated 16.01.2017 refusing to
discharge him from the instant case on the ground of lack of
Gist of the allegations in the impugned charge sheet is to
the effect that the opposite party no.2 was married to petitioner
no.1 at Bolpur within the territorial jurisdiction of the learned
Magistrate. At the time of marriage a huge amount of dowry was
demanded from the family members of opposite party by the
petitioner and other accused persons. After marriage, opposite
party no.2 was taken to her matrimonial home at Kolkata and
was subjected to torture on further demands of dowry. First
information report was registered under Section 498A of the
Indian Penal Code read with Sections 3/ 4 of the Dowry
Prohibition Act. In conclusion of investigation charge sheet was
filed. It was contended that no part of the torture over alleged
demands of dowry was meted out to the petitioner within the
territorial jurisdiction of the learned Magistrate. Trial Court
observed that the demand of dowry was made at the time of
marriage within the territorial jurisdiction of the learned
Magistrate and, therefore, it cannot be said that no part of the
aforesaid offences particularly Section 3 of the Dowry Prohibition
Act was committed within its jurisdiction.
I find no illegality in the said order. The petition is,
accordingly, disposed of observing that it shall be open to the
petitioners to raise all other just defences in the course of trial of
the instant case in accordance with law, if so advised.
With the aforesaid observation, this revision petition is
Urgent certified photocopy of this order, if applied for, be
delivered to the learned Advocate for the petitioner, upon
compliance of all formalities.
(Joymalya Bagchi, J.)