SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Prem Shankar Jhunjhunwala & Anr vs The State Of West Bengal & Anr on 2 August, 2017




CRR 3566 of 2015
CRAN 4328 of 2016

Prem Shankar Jhunjhunwala anr.


The State of West Bengal anr.

Mr. Sudipto Moitra, Sr. Adv.,
Mr. Bibpal Dey,
Mr. Vijay Verma,
…for the petitioners.

Mr. Ratanlal Joshi,
…for the de-facto complainant.

Mr. S. G. Mukherjee, Ld. P.P.,
Mrs. Debjani Sahoo,
…for the State.

Affidavit of service is taken on record.

Absolutely a false allegation has been raised against the present

accused petitioners by the private opposite party. FIR is well drafted

possibly by an experienced person, but the said FIR does not reflect

any of the ingredients of Sections 498A/406 of the IPC. Only

substance of the allegation is that the accused no.1 is a drunker,

misappropriated money from others, he is a lazy person, he used to

leave the jobs and within three years he has left many jobs.

Thereafter he was taken to Bangur Avenue. These are the allegations


A stereotype allegation is there that time to time the de-facto

complainant was assaulted and ultimately she was driven out.

Statement u/s 161 Cr. P.C. has been recorded by the I.O. which does

not reflect any of the ingredients either of Section 498A or Section

406 of the IPC. At the same time, even the FIR if it is meticulously

read does not reflect any such offence.

Accordingly, this Court has no option left with except to allow

the revisional application and accordingly, the A.C.G.R. case no.

12025 of 2012 pending before the learned Additional Chief Judicial

Magistrate, Alipore stands quashed in respect of the present accused

petitioners only, but the same will continue in respect of the accused


As a consequence, the CRAN 4328 of 2016 stands disposed of.

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

given to the parties.

(Siddhartha Chattopadhyay, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.


Copyright © 2024 SC and HC Judgments Online at MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation