C.R.R. 1502 of 2019
Sp. Sumanta Charit Anr.
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
The revisionist would argue that since no
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
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
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
The trial shall proceed uninfluenced by any
observation made herein above since the same is
made only for the purpose of the revisional
Urgent photostat certified copy of this order,
if applied for, be given to the parties on usual
(Rajasekhar Mantha, J.)