Abdur Rahim & Anr vs Unknown on 15 May, 2017

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15.05.2017

.

258.
as
C.R.R. 1569 of 2017

In Re: An application under Sections 397/401 read with Section
482 of the Code of Criminal Procedure.

In the matter of : Abdur Rahim Anr.

… Petitioners.

Mr. Sandipan Ganguly,
Mr. Dipanjan Dutta.

…for the Petitioners.

It is submitted that the petitioner no.1 had divorced his wife

on 7.8.2012 and the criminal case was registered on 12.9.2012.

Hence, the impugned criminal proceeding is an abuse of process of

Court and is liable to be quashed in the interest of justice.

I have considered the materials on record. The opposite party

no.2/wife was married to the petitioner no.1 according to Muslims

rites and customs. On the demand of the petitioners, gold

ornaments and a sum of Rs.2 lakhs was paid to them at the time

of marriage. After the marriage, further money was demanded and

the opposite party no.2/wife was subjected to mental and physical

torture as such demand was not met. Over such issue, impugned

criminal case was registered against the petitioners. In conclusion

of investigation, charge sheet under Sections 498A/306 of the

Indian Penal Code has been filed against them. The matter was
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committed to the Court of Sessions and on the prayer of the

petitioners and other accused persons, the trial court although not

finding any ingredient of offence punishable under Section 307 of

the Indian Penal Code remitted the matter for trial before the

Magistrate under Section 498A of the Indian Penal Code.

It has been strenuously argued that the petitioner No.1 is a

member of the Armed Forces and was away for the most part of

the matrimonial life of the couple. It is also submitted that the trial

would severely prejudice his prospects in the Army. It is further

submitted that the ingredients of the alleged offences are not

disclosed.

I have considered the materials on record including the

statement of the opposite party no.2 under Section 161 of the

Code of Criminal Procedure. There are allegations of ill-treatment

meted out to the opposite party no.2/wife at the matrimonial home

by the petitioners. It is also evident that they housewife was

tortured on demands of money.

In this backdrop, it would be incorrect to discharge the

petitioners from the charge of commission of offence punishable

under Section 498A of the Indian Penal Code. It is open to the

petitioners to agitate their defences in the course of trial in the

instant case in accordance with law, if so advised.
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In view of the fact that the petitioner no.1 is a member of

Armed Forces, it shall be open to him to seek representation

through his learned Advocate during trial under Section 317 of the

Code of Criminal Procedure in the event he is unable to attend the

Court proceeding on a particular day due to his professional

commitments.

With the aforesaid observation, the revision petition is

disposed of.

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

shall be given to the parties, as expeditiously as possible on

compliance of all necessary formalities.

(Joymalya Bagchi, J.)

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