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Pratap Shankar Saha @ Parimal Saha vs Unknown on 26 April, 2017

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26.04.2017

.

296.
as
C.R.R. 1422 of 2017

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

In the matter of : Pratap Shankar Saha @ Parimal Saha.

… Petitioner.

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
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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

investigation.

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.
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(Joymalya Bagchi, J.)

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