CRR 1802 of 2018
Court No. 33 Sajan Mallick Anr.
Item No. 09
The State of West Bengal Anr.
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
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
(Subhasis Dasgupta, J)