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.)