an Court No. 34
CRR 2006 of 2014
(Sourav Roy anr. vs. State anr.)
Mr. Milon Mukherjee, Sr. Adv.
Mr. Usuf Ali Dewan
Mr. Asif Dewan
…………. for the Petitioner
Mr. Imran Ali
…………. for the State
Affidavit of service filed today be kept with the record.
Heard the learned counsel for both the parties.
The learned counsel appearing on behalf of the petitioner contended that
there is no element of Section 498A/406 of the Indian Penal Code against either of
the accused. He has further submitted that both the accused petitioners deserve to
be discharged and the proceedings should be quashed.
On the other hand, the learned counsel appearing on behalf of the State
contended that there are enough materials against both the accused persons so far
as the case diary is concerned.
Be that as it may, on perusal of the chargesheet and the statement
recorded under Section 161 of the Code of Criminal Procedure, it reveals that there
is no specific allegation against the mother-in-law i.e. the accused petitioner no. 2
Admittedly, the accused petitioner no. 2 had been residing elsewhere
and statement recorded under Section 161 of the Code of Criminal Procedure had
been given by two witnesses who are residents of Dhanbad, Jharkhand and others
are residents of Srirampore, Hooghly. The FIR does not disclose any story of
keeping the jewellery in the locker of the mother-in-law.
In the statement recorded under Section 161 of the Code of Criminal
Procedure, the victim has given such allegation but the I.O. concerned did not
ascertain whether those articles are kept in the locker or not.
Be that as it may, there is no ingredient of Section 498A of the Indian
Penal Code against the accused petitioner no. 2 herein. Accordingly, the
proceedings bearing G.R. Case No. 473/2007 be quashed in respect of the accused
petitioner no. 2.
The learned trial court shall proceed with the case without being
influenced by any of the observations made above. The trial be expedited
Hence, the criminal revisional application stands allowed in part.
Let a copy of this order be forwarded to the learned trial court for
information and necessary action.
Urgent certified photostat copy of this order, if applied for, shall be given
to the parties as expeditiously as possible on compliance of all necessary formalities.
(Siddhartha Chattopadhyay, J.)