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.
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
Indian Penal Code has been filed against them. The matter was
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
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.
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
With the aforesaid observation, the revision petition is
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.)