SANJAY KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging a proceeding in which a charge sheet was submitted under Sections 406 and 498A of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. After getting information about the exparte order of judicial separation, the de facto complainant/wife filed the present case falsely implicating the accused/petitioners. After being pointed out, he corrects himself and submits that it was after learning about the filing of the case for judicial consideration that a false FIR was lodged by the de facto complainant. He submits that no prima facie case is made out as would be evident from a plain reading of the First Information Report. That apart, an order of judicial consideration was decreed exparte in 2017 against the de facto complainant/wife. No prior GD Entry was lodged in this regard and the FIR was lodged after a considerable delay from the date of occurrence. It is further submitted that a GD Entry was earlier lodged in respect of the matrimonial dispute against the wife.

(3.) I have heard the submissions of the learned Counsel appearing on behalf of the petitioner and have perused the revision petition.