NARESH CHANDRA SAHA Vs. STATE

JUDGEMENT

(1.) This is an application under Section 482, Cr. P.C. filed by Naresh Ch. Saha and Smt. Priyalata Saha against Smt. Kalpana Saha (O. P. No. 2) and the State of West Bengal (O. P. No. 1) for quashing of the Criminal proceeding being G. R. case No. 966 of 1998 pending before the Court of Sub-Divisional Judicial Magistrate, Srerampore under Section 498(A), I.P.C. The case of the petitioners is that Smt. Kalpana Saha lodged a complaint under Sections 498(A) and 406, I.P.C. before the S.D.J.M., Srerampore alleging that her husband and the in-laws who are the accused persons in the complaint, were perpetrating tortures, both physical and mental, upon her in various ways. The learned S.D.J.M. sent this complaint to police under Section 156(3), Cr. P.C. for investigation and submission of report. Thereafter a charge-sheet was submitted by police after investigation in that case against the accused persons including the two petitioners of the present case under Section 498(A), I.P.C. on the ground that a prima facie case under that section had been made out from the materials collected during the investigation. Upon receipt of this charge-sheet the learned S.D.J.M. by his order dated 16-1-99 took cognizance of the offence against all the accused persons and went ahead with the trial of all the accused persons.

(2.) The present petition has been filed by two of the accused persons challenging the order under which cognizance has been taken by the learned Magistrate as well as the entire criminal proceedings as illegal and unsustainable for the reason that the story as depicted in the complaint is patently absurd and inherently improbable and secondly in the order dated 16-1-99 mentioned above the learned Magistrate while taking cognizance of the offence has not made any whisper as to whether the documents referred to under Section 173(5), Cr. P.C. had been submitted by the I.O. along with the charge-sheet or not and therefore in view of the established legal position, the impugned proceeding suffers from illegality and hence is liable to be quashed.

(3.) The O. P. No. 2, Smt. Kalpana Saha, has not appeared. The application has been contested by the O. P. No. 1, the State of West Bengal.