In The High Court At Calcutta
Criminal Revisional Jurisdiction
CRR 2263 of 2004
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.)