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Waqar Mohammad Khan & Ors vs The State Of West Bengal & Anr on 25 February, 2019



CRR 1826 of 2018

Waqar Mohammad Khan ors.


The State of West Bengal anr.

Mr. Soumya Roy,
Mr. Rajnil Mukherjee,
Mr. Shantanu Dutta,
Mr. Goutam Roy,
Mr. Uttam Basak,
…for the petitioners

This application is for quashing of a proceeding being GR case no. 1534 of

2016 pending before the learned Additional Chief Judicial Magistrate,

Durgapur arising out of Durgapur Police Station case no. 459 of 2016 under

Sections 147/148/149/323/ 324/379/427/458/506/120B of the Indian

Penal Code.

Learned advocate for the revisionists submits that the daughter of the

revisionist was given marriage to the family of the defacto complainant. The

daughter of revisionist was subsequently driven out following a matrimonial

discord between the parties. In consequence thereof, the daughter of the

revisionist filed a proceeding under Section 498A of the Indian Penal Code and

filed also a separate proceeding praying for maintenance under Section 125 of

the Code of Criminal Procedure. The pending proceeding in which the

revisionist have been made accused is nothing but a counter-blast to the

litigation, initiated already at the instance of the daughter of the revisionist.

Thus, according to the revisionists, the accused persons have been falsely

implicated in this case without any basis. Admittedly, the charge sheet in this

case has already been submitted against the accused persons making out a

case under Sections 147/148/149/323/ 324/379/427/458/506/ 120. The

trial court is now under obligation to frame charge, if there prima-facie exists,

which are said to have been collected in course of investigation by the

investigating officer. True it is that there is relationship between the defacto

complainant and the revisionists and that relationship turned into hostile soon

after the birth of a proceeding under Section 498A of the Indian Penal Code

and 125 of the Code of Criminal Procedure at the instance of the daughter of

the revisionists. Since implication of the accused without any justifiable basis

is the crux of contention in this case, which cannot be naturally and effectively

decided without having a look at the materials, if any collected in course of

investigation. The court is of the view, the revisionists are not remediless at

this moment. There is enough scope left open before the trial court to agitate

the point, now raises. Since there is no apparent irregularities or illegalities in

support of the instant prosecution, more so there is no defect to the initiation

of the instant proceeding, the prayer for quashing, as suggested by the

revisionists, is not encouraging one, and as such the same is refused.

However, the purpose of justice will be best sub-served by passing the

following direction.

The revisionists are at liberty to agitate the points now, raises at the time

of framing of charge before the learned trial court, and if any point is raised at

the instance of the revisionists/accused, the same shall be duly addressed by

the learned Magistrate by passing a reasoned order after giving adequate

opportunity to prosecution.

Learned Magistrate is directed to fix a date as expeditiously as possible for

consideration of the charge giving sincerest effort to that effect for the purpose.

With this observation and direction, the revisional application stands

disposed of. No order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the

parties, upon compliance of necessary formalities.

(Subhasis Dasgupta, J.)

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