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Bidyut Biswas vs The State Of West Bengal on 19 March, 2019


In The High Court At Calcutta
Criminal Revisional Jurisdiction

CRR 2263 of 2004
Bidyut Biswas

The State of West Bengal

Ms. Sreyasi Biswas
… for the State.

None appears on behalf of the petitioner.

The revisional application was admitted to be listed under the heading

“Contested Application” on May 10, 2005 with direction to the petitioner to serve

copies to the opposite parties and file affidavit-of-service on the date fixed but no

such steps appears to have been taken thereafter. There was no stay as well

granted while passing the said order.

I have heard Ms. Srehasi Biswas, learned advocate appearing for the

State/opposite party who submits that the challenge by the petitioner/husband

is against the order dated August 12, 2004 passed by learned Sub-Divisional

Judicial Magistrate, Bongaon in G.R. 888 of 2003 arising out of Gopalnagar

Police Station Case No. 129 dated December 16, 2003 under Sections 498A/406

IPC thereby allowing the petition filed by the defacto complainant praying for

further investigation in the said case when after taking cognizance of the offence

on charge sheet submitted by the police after investigation the learned Magistrate

crossed the stage of issuance of process against the accused persons and

appearance of them in the above referred case.

It is pointed out that after the investigation the Investigation Officer

submitted FRT against the mother in-law and two brother in-laws.

On being aggrieved the defacto complainant Manju Biswas preferred an

application who had alleged the mental and physical tortures by the inmates of

her matrimonial house including the mother in-law and brother in-laws.

By the impugned order the learned SDJM allowed further investigation in

terms of the provisions of Section 173(8) CrPC directing the Officer-in-charge of

Gopalnagar Police Station to hold further investigation in which the case be

entrusted to someone of the Sub-inspectors of the concerned police station to

investigate at an early date.

This order has been challenged in this revisional application.

I do not find any ground to interfere into the order impugned.

Hence, the revisional application being CRR 2263 of 2004 is dismissed.

( Shivakant Prasad, J.)

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