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Item No. 09 vs (Order Passed) on 14 January, 2019

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CRR 1802 of 2018
14.01.2019
Court No. 33 Sajan Mallick Anr.
Item No. 09
Vs.
(ORDER PASSED)
The State of West Bengal Anr.
AKD/SN

Mr. Arnab Saha, Advocate
…. For the Petitioners

This Criminal Revision is spearheaded for quashing the

criminal proceeding pending before the court below in

connection with Phoolbagan Police Case No. 156 of 2017

dated October 6, 2017 under Sections 498A/306/34 of the

Indian Penal Code read with Sections 3/ 4 of the Dowry

Prohibition Act, 1961.

The deceased victim was subjected to torture cruelty by

her in-laws members as a result of which she suffered death

receiving serious burn injuries. The Police undertook

investigation and ultimately submitted the chargesheet citing

as many as 24 witnesses. The Trial Court already framed

charges against the revisionist/husband and his family

members under Sections 498A/306/302/34 of the Indian

Penal Code. The prayer for quashing the proceeding is

founded upon the dying declaration recorded by the Doctor in

hospital. This dying declaration can be presumed to have

been duly considered by the Trial Court, while framing the

charges against the accused persons. Now the accused

persons are in the midst of trial.

That being the position, it would not be an appropriate

stage to pass any order granting interim stay. The prayer for

interim stay is thus refused.

However, the revisionists/petitioners are directed to
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serve notice along with a copy of the instant application upon

the opposite parties including the State.

Matter to appear as ‘Contested Application’ four weeks

hence.

(Subhasis Dasgupta, J)

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