Prem Shankar Jhunjhunwala & Anr vs The State Of West Bengal & Anr on 2 August, 2017

1

02/08/2017

ARDR

CRR 3566 of 2015
+
CRAN 4328 of 2016

Prem Shankar Jhunjhunwala anr.

Vs.

The State of West Bengal anr.

Mr. Sudipto Moitra, Sr. Adv.,
Mr. Bibpal Dey,
Mr. Vijay Verma,
…for the petitioners.

Mr. Ratanlal Joshi,
…for the de-facto complainant.

Mr. S. G. Mukherjee, Ld. P.P.,
Mrs. Debjani Sahoo,
…for the State.

Affidavit of service is taken on record.

Absolutely a false allegation has been raised against the present

accused petitioners by the private opposite party. FIR is well drafted

possibly by an experienced person, but the said FIR does not reflect

any of the ingredients of Sections 498A/406 of the IPC. Only

substance of the allegation is that the accused no.1 is a drunker,

misappropriated money from others, he is a lazy person, he used to

leave the jobs and within three years he has left many jobs.

Thereafter he was taken to Bangur Avenue. These are the allegations

mainly.

A stereotype allegation is there that time to time the de-facto

complainant was assaulted and ultimately she was driven out.
2

Statement u/s 161 Cr. P.C. has been recorded by the I.O. which does

not reflect any of the ingredients either of Section 498A or Section

406 of the IPC. At the same time, even the FIR if it is meticulously

read does not reflect any such offence.

Accordingly, this Court has no option left with except to allow

the revisional application and accordingly, the A.C.G.R. case no.

12025 of 2012 pending before the learned Additional Chief Judicial

Magistrate, Alipore stands quashed in respect of the present accused

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petitioners only, but the same will continue in respect of the accused

no.1.

As a consequence, the CRAN 4328 of 2016 stands disposed of.

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

given to the parties.

(Siddhartha Chattopadhyay, J.)

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