Ct. No. 30
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
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
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
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
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
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
Urgent photostat certified copy of this order, if applied for, be given to
the applicant upon compliance of requisite formalities.
( Asha Arora, J.)