LAWS(CAL)-2020-12-29

KARTICK BANIK Vs. STATE OF WEST BENGAL

Decided On December 23, 2020
Kartick Banik Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This is an application for quashing of a proceeding in which a charge-sheet was submitted against the accused under Sections 307 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the victim lady while the opposite party no. 2 is the de facto complainant/father of the victim lady. The marriage between the petitioner and the victim took place in 2016. No complaint was lodged till the registration of the First Information Report. The First Information Report was lodged after a delay of two days from the date of occurrence. Although there is an allegation of a particular assault and attempt to murder, no medical evidence is forthcoming. No prima facie case is made out as would be evident from a plain reading of the First Information Report and the chargesheet.

(3.) I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision and the copies of the First Information Report and the charge-sheet annexed with the revision petition.