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Judgments of Supreme Court of India and High Courts

Madhumita Ghosh & Anr vs Unknown on 28 June, 2019

1

28.06.2019

Item no.31
Ct. No.22
CHC

C.R.R. No.2094 of 2018

In Re: An application under Section 401 read with Section 482
of the Code of Criminal Procedure.

And

In the matter of:-

Madhumita Ghosh anr.

… Petitioners

Mr. Mritunjoy Chatterjee
…for the petitioners

Mr. Binoy Kr. Panda,
Mr. Subham Bhakat
…for the State

The impugned order dated 3rd February, 2018 passed by the

Learned Additional Chief Judicial Magistrate, Bidhannagar, North

24 Parganas in connection with case being G.R. No.157 of 2016

now pending before Learned A.C.J.M., Bidhannagar under

Sections 341/Section323/Section354/Section506 of the I.P.C. rejecting the prayer for

discharge is the subject of challenge in this revisional application.

Learned advocate for the petitioners submits that the learned

court below has failed to appreciate the materials already collected

in the C.D., and in a mechanical manner has proceeded to frame

charge against the accused persons rejecting the prayer for

discharge.

It is further submitted by the learned advocate for the

petitioners that in this case allegations under Section 354 I.P.C

has been made by the defacto complainant (woman) against a

woman, namely Madhumita Ghosh (petitioner no.1 in this case). It

is thus, proposed that an order of quashment may be recorded in

this case in order to prevent abuse of the process of the Court.
2

Learned advocate, Mr. Panda representing the State after

receiving the copy of application submits that the learned court

below has already considered the materials already collected in the

C.D. and upon consideration of the entire aspect of this case

proceeded to frame charge after rejecting the prayer for discharge.

It is, thus, made known by learned advocate for the State that

the learned court below is now at this stage of collecting evidence

of the witnesses cited in the charge-sheet.

Learned advocate for the State further submits that when the

learned court below is at the stage of collecting evidence, the

prayer for quashment at this stage is not encouraging one and,

accordingly, the same should be refused.

Upon perusal of the order dated 3rd February, 2018, it appears

that the revisionists/petitioners have been charge-sheeted under

Sections 341/Section323/Section354/Section506 read with Section 34 of the I.P.C. Even

assuming for a moment though not admitting to be true that the

allegation against the petitioner no.1 namely Madhumita Ghosh

was raised by defacto complainant, who is the woman, but in that

event too, the revisionists cannot be exonerated from the instant

case keeping in view the other charges levelled against her.

However, such defence as raised by the petitioners may once again

be taken up at the time of trial in accordance with the law.

The point in dispute between the parties is rested on the sole

ground of non-consideration of the materials already collected in

the C.D. during investigation stage in its real perspective. It is also

brought to the notice of the Court that earlier in connection with

CRR 162 of 2017 with CRAN 256 of 2017 the coordinate Bench of

this Court disposed of the said revisional application directing the

revisionists to take up all points at the time of consideration of

charge.

3

Adverting to such copy of the order, learned advocate for the

petitioners submits that even after agitating the points before the

learned court below, while making consideration of the charge, the

points raised were not duly appreciated, and as such the same

remained unnoticed.

It is the settled proposition of law that any point, what could

not be considered at the time of consideration of charge, may once

again be agitated at the time of trial. In that view of the matter, the

revisionists are not remediless, and if the instant revisional

application is disposed of giving direction upon the

petitioners/revisionists to raise all such points once again at the

time of trial, and if any such point is raised, the learned court

below shall try to address the same and decide the issue in

accordance with the law, there will be no prejudice occasioned to

either of the parties to this case, and rather it will subserve the

purpose of justice.

Learned Additional Chief Judicial Magistrate, Bidhannagar, in

connection with G.R. Case No.157 of 2016 is directed to proceed

with the trial of this case giving sufficient opportunity upon the

revisionists/accused persons to raise and agitate points, now

raises, at the time of trial, and if any such point is raised, that

shall be duly addressed to by the learned court below, and decide

the issue in accordance with the law.

Learned court below is further directed to secure expeditious

disposal of the pending case by conducting the trial in a most

efficacious manner giving sufficient opportunities to either of the

parties to this case without granting unnecessary adjournment,

unless it is unavoidable.

With this observation/direction, this revisional application

stands disposed of.

4

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

given to the parties as expeditiously as possible on compliance of

all necessary formalities.

(Subhasis Dasgupta, J.)

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