An Application Under Section 482 … vs Subhas Dutta & Ors on 2 August, 2017

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Sl. August 2, C.R.R. 2532 of 2017

203. 2017

In the matter of: An application under Section 482 of the Code of
Criminal Procedure ;

And

In the matter of : Subhas Dutta ors.

Versus

State of West Bengal anr.

Mr. Praloy Bhattacharjee,
…for the petitioners.

In this revisional application the petitioners pray for quashing of the
proceeding in General Register Case No. 694 of 2016 arising out of Durgapur Police Station Case
No. 26 of 2016 dated April 28, 2016 under Sections 498A/307/323/326/34/34 of the Indian Penal
Code read with Sections 3 and 4 of the Dowry Prohibition Act pending before the learned
Additional Sessions Judge at Durgapur, Burdwan.

The gist of the allegation in the impugned charge sheet is to the effect that
on May 2, 2012, the opposite party no. 2 was married to the son of the petitioner no. 1 and soon
after the marriage the victim was subjected to torture – both physical and mental – on demand of
dowry to the tune of Rupees five lakhs and was finally driven out of the matrimonial home.

It is submitted on behalf of the petitioners that they are the in laws of the
opposite party no. 2/housewife and have been falsely implicated in the instant case.

It appears that charge sheet has been filed in the instant case. The veracity
of the charges levelled against the petitioners may be best appreciated at the appropriate stage of
proceeding.

Hence, I do not wish to interfere with the impugned criminal proceeding
at this stage. However, it is open to the petitioners to agitate their grievances canvassed herein
before the trial court at the appropriate stage of proceeding including the stage of consideration of
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charge in accordance with law, if so advised.

With the aforesaid observation, the revision petition stands disposed of.

Photostat certified copy of this order, if applied for, will be
made available to the applicant within a week from the date of putting in the
requisites.

( Joymalya Bagchi, J. )

dns

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