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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
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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.)