Abu Bakkar Alias Abu Bakkar And … vs The State Of West Bengal And … on 4 January, 2018

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S/L.18. C.R.R. No.3666 of 2017
January
4, 2018
Bpg. In the matter of : Abu Bakkar alias Abu Bakkar and others
Versus
The State of West Bengal and another.

Mr. Kazi Safiullah.

…for the petitioners.

Mr. Ayan Basu.

…for the State.

This application under Section 482 of the Code of Criminal
Procedure has been filed for quashing the charge-sheet no.56 of 2017 dated
February 6, 2017 under
Sections 498A/304B/34 of the Indian Penal Code read
with
Sections 3 and 4 of Dowry Prohibition Act arising out of Chanchal Police
Station Case no.613 of 2016 dated November 1, 2016 under
Sections
498A/
304B/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry
Prohibition Act corresponding to G.R. Case no.1823 of 2016 pending before the
Court of learned Additional Chief Judicial Magistrate, Chanchal, Malda on the
ground that the in-laws of the deceased have been falsely implicated in
connection with the case and even during the investigation no material could be
found against the present petitioners.

Mr. Kazi Safiullah, learned advocate appearing on behalf of the
petitioners submits that all the witnesses are hearsay witnesses and there is
absolutely no material to rope in the present petitioners in the case under
reference. It is further submitted that no such case can be allowed to be
proceeded with on the basis of the hearsay witnesses and accordingly the case
against the present petitioners be quashed under
Section 482 of the Code of
Criminal Procedure.

Learned advocate Mr. Ayan Basu appearing on behalf of the State
produces the Case Diary and submits that the post-mortem report reveals some
injuries on the person of the deceased and accordingly the allegations against the
present petitioners to the effect that the deceased was subjected to assault cannot
be ruled out.

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On careful consideration of the materials on record, I find that the
petitioners are at liberty to take the plea against the witnesses at the time of trial
and at this stage it cannot be said that the entire case of the prosecution is
without any basis or that the materials on record do not constitute any offence as
stipulated against the present petitioners. In that view of this case, I find no
reason to allow the application under
Section 482 of the Code of Criminal
Procedure. The application for quashing the charge-sheet stands rejected. The
stay order, if therebe any, stands vacated. The petitioners are at liberty to take
all the points at the time of trial.

(Debi Prosad Dey, J.)

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