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Dukhiram Ghosh & Ors vs State Of West Bengal & Anr on 7 November, 2019

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07.11.2019
Item No.39
Court No.34
Sws.M
C.R.R 2615 of 2006

Dukhiram Ghosh Ors.

Vs.

State of West Bengal Anr.

Mr. Kaushik Gupta
Mr. Sourav Bhagat

…for the petitioners

Supplementary Affidavit filed be kept with the record.

The present petitioners have preferred the application for quashing of the proceedings

arising out of Bishnupur Police station Case No. 51 of 2005 dated 11.09.2005 under Section

498A/Section34 of the Indian Penal Code, corresponding to GR Case No. 277 of 2005.

It is seen from the records of the case that after completion of investigation charge-

sheet was filed on or about 31.10.2005 under the same sections before the learned Magistrate.

Mr. Gupta, learned Advocate appearing for the petitioners submits that although there

are allegations relating to torture but the same do not relate to demand of dowry and as such the

provisions of Section 498A/Section34 of the Indian Penal Code is not attracted. Mr. Gupta further

submits that matrimonial proceedings were also pending before the Civil Court and unnecessarily

the complainant had taken recourse to the provisions of criminal law which do not apply in the

facts and circumstances of the present case.

Having due regard to the stage of the case that charge-sheet was submitted and the

petitioners were to receive copies under Section 207 of the Code of Criminal Procedure, I do not

think it would be fit and proper to adjudicate the issues without going into the materials

proposed to be relied upon by the prosecution.

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Accordingly, the petitioners are granted liberty to agitate the points canvassed in the

revisional application as also the Supplementary Affidavit at the appropriate stage of the

proceedings before the learned Court below.

With the aforesaid observations C.R.R. 2615 of 2006 is disposed of.

(Tirthankar Ghosh, J.)

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