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Priya Pramanik @ Priya Pramanick vs The State Of West Bengal & Ors on 21 January, 2019

21.01.19
Sl.no. 52
Ct. No. 30
P.M.

C. R. R. 3112 OF 2017

Priya Pramanik @ Priya Pramanick

– vs –

The State of West Bengal Ors.

Mr. Kallol Mondal,
Mr. Krishan Roy,
Ms. Amrita Chel

…. For the petitioner

Mr. Kallol Kumar Basu,
Ms. A. Dutta
… for the opposite party nos. 2to 5.

Mr. Ayan Basu
… for the State

By the instant application the petitioner has assailed the order dated

24th July, 2017 passed by the learned Judicial Magistrate, 2nd Additional

Court, Basirhat, 24-Parganas (North) in G.R. Case No. 5000/2015 arising out

of Basirhat P.S. Case No. 1163 dated 07.11.2015 under Section 498A/34 of

the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act

whereby an application under Section 173(8) of the Code of Criminal

Procedure filed by the petitioner herein/defacto complainant for further

investigation was rejected and the case was posted for consideration of

charge.

The facts in brief giving rise to the present application are as follows : –

On 07.11.2015 the petitioner/complainant lodged a written complaint

against the opposite parties herein at Barasat P.S. alleging commission of

offences under Sections 498A/307/34 of the Indian Penal Code and Section

3/4 of the Dowry Prohibition Act. On the basis thereof the proceeding being

Basirhat P.S. Case No. 1163 of 2015 dated 07.11.2015 was initiated.

Investigation culminated in the submission of the charge sheet under Section

498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition

Act.

Learned counsel for the petitioner sought to impress that the

investigation was perfunctory, lackadaisical and unfair so further

investigation is necessary to unearth the truth. It is contended that though

there is sufficient material for the offence under Section 307 of I.P.C. the

investigating officer deliberately did not submit the charge sheet for the

aforesaid offence.

Learned counsel appearing for the State countered that it is not a fit

case for further investigation and the materials in the Case Diary do not

substantiate the offence under Section 307 of I.P.C.

Learned counsel for the opposite party nos. 2 to 5 submits that there is

no material in support of the allegation under Section 307 of the Indian Penal

Code.

I have considered the submissions advanced with reference to the

contents of the petition of complaint and the materials collected during

investigation. The issues raised by the petitioner can be considered by the

trial court at the appropriate stage of the proceeding in accordance with law.

As the charge is yet to be framed, the petitioner is at liberty to canvass all

points before the trial Court at the appropriate stage of the proceeding.

In the circumstances stated, no interference is warranted with the

order impugned.

The application being C.R.R. No. 3112 of 2017 is thus disposed of.

It is made clear that no opinion is expressed by this Court on the

merits of the case and the trial Court will proceed with the matter in

accordance with law without being influenced by any observation made

herein above.

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

the applicant upon compliance of requisite formalities.

( Asha Arora, J.)

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