C.R.R. 1422 of 2017
In Re: An application under Section 482 of the Code of Criminal
In the matter of : Pratap Shankar Saha @ Parimal Saha.
Mr. Tapan Dutta Gupta,
Mr. Parvez Anam,
Ms. Manashi Roy.
…for the Petitioner.
Mr. Pratick Bose.
…for the State.
Petitioner prays for quashing of proceeding in G.R. Case
No.4250 of 2013 arising out of Baguiati Police Station Case No.592
of 2013 dated 15.11.2013 under Sections 498A/384/506/34 of
the Indian Penal Code.
Mr. Pratick Bose, learned Government Advocate, who
ordinarily appears for the State, is requested to appear in the
instant case for the State. A copy of the revision petition is handed
over to Mr. Bose in Court today.
I have perused the impugned first information report. It has
been alleged that the opposite party no.2 who was married to the
petitioner on 5.8.1996 was subjected to mental and physical
torture on demands of dowry and finally on 15.4.2003 she was
assaulted and thrown out of her matrimonial home. It has also
been alleged that her stridhan articles have been misappropriated
by the petitioners.
It is argued that there is inordinate delay in lodging the first
information report and the allegations do not disclose the
ingredients of the alleged offence.
I find that the investigation is still in progress and the police
report has not been filed as yet. Truthfulness or otherwise of the
allegations are to be looked into in the course of investigation.
Reason for delay may also be enquired into during such
I do not find any jurisdictional error in registration of the first
information report and commencement of the investigation in the
instant case. It shall, however, be open to the petitioner to agitate
the issues canvassed therein before the trial court in the event, the
investigation results in filing of a police report before the learned
Magistrate in accordance with law.
However, in view of the fact that investigation is pending for
more than four years, I direct the investigating agency to expedite
the investigation and submit police report in the matter at the
earliest without unnecessary delay.
The revision petition is, thus, disposed of.
Urgent photostat certified copy of this order, if applied for,
shall be given to the parties, as expeditiously as possible on
compliance of all necessary formalities.
(Joymalya Bagchi, J.)