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Naruddin Mallick vs Unknown on 28 March, 2017


293   28.03.2017
AB     Court 28
                                          C.R.R. 966 of 2017

                        In the matter of : Naruddin Mallick

                                 Mr. S. S. Sharma,

Ms. Rupsha Chakraborty …for the Petitioner.

Petitioner prays for quashing of proceeding in G.R. Case

No.1970 of 2016 pending before learned Additional Chief Judicial

Magistrate, Serampore, Hooghly arising out of Dankuni P.S. Case No.

345 of 2016 dated 6.9.2016 under Sections 498A/306 of the Indian

Penal Code.

It has been alleged in the first information report that the

petitioner being the in-laws of the victim housewife had subjected her

to mental and physical torture and an illicit relation developed

between the petitioner and one Salma Begam.

Over such issue the victim was assaulted and finally on

28.8.2016 the petitioner came to the residence of the defacto

complainant where the victim was residing and instigated her to

commit suicide and consequentially the victim took poison and died.

It is submitted on behalf of the petitioner that the suicide

occurred at the parental home of the victim where she was residing

away from the petitioner for a considerable period of time.

The allegations do not constitute the ingredients of abetment as

defined under Section 107 of the Indian Penal Code. Investigation of

the instant case is in progress.

In view of the nature of allegations, I do not consider it prudent

to interdict the investigational process at this stage. In the event

investigation results in filing of police report against the petitioner, it

shall be open to him to agitate all issues as canvassed herein before

the learned Magistrate in accordance with law, if so advised.

With the aforesaid observation, the petition is disposed of.

Urgent Photostat Certified copy of this order, if applied for, be

supplied expeditiously after complying with all necessary legal


(Joymalya Bagchi, J.)

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