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Shri Piyal Mondal & Ors vs The State Of West Bengal & Anr on 20 August, 2019

1

20.08.2019

Sl No.25
AP
CRR 1453 of 2019

Shri Piyal Mondal Ors.

-Vs.-

The State of West Bengal Anr.

Mr. Sabyasachi Banerjee,
Mr. Rishav Kumar Thakur,
Ms. Aafreen Perveen
… for the petitioner.

Mr. S.S. Imam,
Mr. S. Kundu
… … for the State.

The revisionists are accused in a case under Sections 498A/Section325/Section506 of

the Indian Penal Code. The revisionists are the husband, mother-in-law and son

of the victim complainant.

The husband and the complainant are married for over 29 years. The

complaint has been lodged which indicates that the assault on the victim

occurred on a rather frivolous matter as regards the feeding of the dog in the

house. Be that as it may, the complainant was allegedly beaten up physically

that resulted in her hospitalization and subsequent recovery. There are other

previous allegations of physical assault by the husband as also the son of the

complainant. The husband is stated to have regularly beaten up and assaulted

the complainant. The son of the complainant after consuming alcohol used to

threaten and intimidate her on a regular basis. The mother-in-law of the

complainant admittedly resided with her another son away from the
2

complainant. Apart from the statement under Section 161 given by the mother of

the victim and another relative of the victim, the complainant herself has not

chosen even to name her mother in law under Section 161 of the Criminal

Procedure Code.

This Court is, therefore, of the view that the proceedings against the

mother-in-law, revisionist No.2, Binapani Mondal must be and is hereby

quashed.

In so far as the proceedings against the son of the complainant and her

husband, the same shall continue.

The Opposite Party No.2 submits that she has filed an application of Naraji

against the charge sheet filed by the police on various grounds which is pending

consideration.

In those circumstances, the concerned A.C.J.M. shall dispose of the Naraji

filed by the complainant as expeditiously as possible preferably within a period of

one month from the date of communication of the copy of this order.

With the aforesaid direction C.R.R. 1453 of 2019 is disposed of.

There shall be, however, no order as to costs.

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

parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)

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