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Sp. Sumanta Charit & Anr vs The State Of West Bengal & Anr on 13 September, 2019

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13.09.19

C.R.R. 1502 of 2019
Ct. 33
Sl. 68
Sp. Sumanta Charit Anr.

-Versus-

The State of West Bengal Anr.

Mr. Pawan Kumar Gupta,
Ms. Sofia Nesar,
Mr. Santanu Sett ……. for the petitioners

Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. S.S. Imam ……for the State

Mr. S.S. Imam who usually appears for the

State is requested to represent the State in this

matter. Let his appointment be regularized by the

Office of the Public Prosecutor.

The revisionist is aggrieved by a proceeding

leading to charge sheet dated January 10, 2018 filed

by the Maheshtala Police Station being Case No. 28 of

2018 under Sections 498A/Section406/Section34 of the Indian

Penal Code.

The revisionist would argue that since no
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specific date of torture and demand for dowry is

mentioned and hence no triable case has been made

out under Section 498A of Cr. P.C. against the

revisionist.

It is further submitted that although a

complaint has been filed and an FIR registered

against the father-in-law, he has been named as a

person against whom the charge sheet has not been

registered.

This Court notes and finds from the records

that there are clear allegations against the husband

and the mother-in-law. The mere fact that a person

against whom the complaint of torture also has been

lodged but has not been charge sheeted, cannot

entitle the petitioners to be discharged.

In those circumstances, no interference is

called for with the impugned order passed by the

learned Magistrate refusing to discharge the

petitioners. The revisional application must fail and is
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hereby dismissed.

The trial shall proceed uninfluenced by any

observation made herein above since the same is

made only for the purpose of the revisional

application.

Urgent photostat certified copy of this order,

if applied for, be given to the parties on usual

undertaking.

(Rajasekhar Mantha, J.)

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