SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

(Dr. Sanchita Ghosh & Anr vs State & Anr.) on 13 August, 2019

1

12 13.08.2019

CRR 1318 of 2019
an Court No. 33
(Dr. Sanchita Ghosh anr. vs. State anr.)
with
CRAN 2601 of 2019

Mr. Y. J. Dastoor, learned Senior Advocate
Mr. Krishnendu Bhattacharya
Mr. Somsuvra Mukherjee
… for the petitioners

Ms. Baisali Basu
… for the State

The revisionist is aggrieved by an order dated 12.04.2019 in the instant

criminal revisional application initially when the learned court below directed

service of notice on the other side, an application being CRAN 2601 of 2019 has

been filed seeking stay of further proceedings in G.R. Case No. 829/2013 arising out

of Chandannagar Police Station case No. 174/2013 dated 08.07.2013 under

Sections 420/Section406/Section120B of the Indian Penal Code.

The alleged criminal revisional application was filed seeking quashing of

entire proceedings as directed against the impugned order. By the impugned order,

the learned court below declined the application for discharge filed by the petitioner

wife.

The brief facts relevant for the purpose of the instant revisional

application are that the petitioner was married to the opposite party/complainant’s

son on 08.09.1998. She was thereafter, alleging torture by her husband and left the

matrimonial house in 2012. Proceedings under Sections 498A/Section406 of the Indian

Penal Code have been initiated and chargesheet has been filed and the trial has

commenced.

Thereafter, on 08.07.2013, four months after the filing of the

chargesheet, the opposite party/mother-in-law alleged that the revisionist has
2

cheated or misappropriated a golden mukut that was temporarily given to her to

wear. In a statement recorded under Section 161 of the Code of Criminal

Procedure, the complainant had also stated that she had intended the said golden

mukut to pass on to the daughter-in-law, revisionist, after her death.

After investigation, recording of statements of witnesses including

independent witnesses, the Police submitted a chargesheet in respect of the

complaint lodged by the opposite party mother-in-law.

The revisionist argued before the trial court in the discharge application

as also before this court that the said golden mukut is in fact stridhan property

which she is entitled to claim and retain since it is evident from the statement of the

mother-in-law recorded by the Police that the said golden mukut was in addition to

other stridhan ornaments given to the revisionist in course of the marriage.

The revisionist would also argue that the said golden mukut would

therefore, become a part and parcel of the stridhan property.

This court is of the view that the statement of the complainant that the

said golden mukut was intended to be passed on to the daughter-in-law after the

death of mother-in-law cannot be brushed aside lightly. Whether it should be

looked at in conjunction with the other stridhan articles or independently, is a

question have to be decided in course of trial.

In any event, an intention of giving a property or article to somebody

post the death of a person is in the nature of a bequest that shall take effect after

the death of the person giving. Such desire and/or wish is admittedly recognized in

law, to be changeable even during the lifetime of a person.

By reason thereafter, this court is of the view that it cannot be

established at this stage without a trial that the said golden mukut was in fact

intended to be stridhan property.

Hence, the revisional application must fail. The impugned order is
3

upheld.

The trial itself shall be expedited. The learned court below shall proceed

to dispose of the trial within a period of six months. from the date of communication

of the copy of this order wholly and completely uninfluenced by any observation

made hereinabove. The observations made herein are merely prima facie and for

the purpose of deciding whether the discharge application was decided by the

learned court below in accordance with law. The trial, if necessary, shall be

conducted on a day-to-day basis.

With the above observations, the instant criminal revisional application

stands disposed of. Accordingly, the application being CRAN 2601 of 2019 also

stands disposed of. No order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given

to the parties as expeditiously as possible on compliance of all necessary formalities.

(Rajasekhar Mantha, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

Recent Comments

STUDY REPORTS

Copyright © 2024 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation