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Sidhartha Dhar & Ors vs Unknown on 13 June, 2017




C.R.R. 1860 of 2017

In Re: An application under Section 482 of the Code of Criminal

In the matter of : Sidhartha Dhar Ors.

… Petitioners.

Mr. Himangshu De,
Mr. Mritynjoy Chatterjee,
Mr. Joydeep Dutta.

…for the Petitioners.

Petitioners have assailed proceeding in G.R. Case No.2079 of

2016 pending before the learned Additional Chief Judicial

Magistrate, Durgapur arising out of Durgapur (Women) Police

Station Case No.81 of 2016 dated under Sections

498A/323/325/307/313/406/506/34 of the Indian Penal Code

read with Sections 3 and 4 of the Dowry Prohibition Act.

It has been alleged in the impugned charge sheet that the

victim Sarmistha Majumder was married to the petitioner no.1 on

11.12.2011 and on further demand of dowry she was subjected to

mental and physical torture. It has also been alleged that she was

tortured during her pregnancy resulting in abortion. On

17.3.2016, she was driven out from the matrimonial home and

took shelter at her paternal home. On 20.11.2016, petitioner no.1

came to the paternal home of the victim and had mercilessly

beaten her resulting in her admission in the hospital.

Mr. De, learned Senior Counsel appearing with Mr.

Chatterjee submits that the allegations are essentially against the

petitioner no.1 and the involvement of the petitioner Nos.2 to 5

herein who are the in laws of the victim lady are negligible. It is

also submitted that the petitioner nos.4 and 5 reside at Mumbai

and did not play any role in the matrimonial life of the couple.

I find that the investigation is complete and the matter has

been committed to the Court of Sessions. Charge has not yet been

framed. The nature of grievances canvassed before me may be

appreciated at the time of framing of charge. However, in view of

the uncontroverted allegations in the charge sheet, I am not

inclined in interfering with the proceeding at this stage. It is,

however, open to the petitioners to agitate the grievances

canvassed herein at the appropriate stage of the proceeding

including the stage of consideration of charge in accordance with


With the aforesaid observation, the revision petition is

disposed of.

Urgent photostat certified copy of this order, if applied for,

shall be given to the parties, as expeditiously as possible on

compliance of all necessary formalities.

(Joymalya Bagchi, J.)

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