PRABIR KUMAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under section 482 of the Code of the Criminal Procedure (hereinafter referred to as 'the Code") is taken out by Prabir Kumar Roy, Smt. Shibani Roy, Mahua Roy, Smt. Ranu Panja and Sri Anjan Panja praying for quashing of the entire proceedings of Durgapur P. S. Case No. 319 of 2008 arising out M. P. Case No. 221 of 2008 initiated at the instance of Smt. Chaitali Roy on the ground that the dispute between the petitioners and the opposite party No. 2 is essentially and substantially over family properties and sections 498A & 323 IPC are not attracted in this case.

(2.) Shibani Roy, wife of late Narayan Shankar Roy filed one petition of compliant in the Court of A. C. J. M. , Durgapur alleging therein that she and her husband were subjected to torture by the petitioners and that they were driven out from their ancestral house. That petition of complaint was referred to the officer-in-charge, Dugapur P. S. , City Centre under section 156(3) of the Code for treating the same as F. I. R and to investigate into the matter. Before the investigation was closed, this revisional application was taken out by the petitioners challenging the entire proceedings. In course of time, investigation into the case is concluded and charge-sheet has also been filed under section 498A/ 323 IPC against the petitioneRs. It is reported by the learned Counsels appearing for the parties that the Ld. Magistrate has taken cognizance of the offence under sections 498A & 323 I. P. C against the petitioners already on the basis of the charge-sheet filed.

(3.) Mr. Subrata Bhattacharjee, learned Advocate for the petitioner submits that the criminal action was set in motion by none but Subir Kumar Roy, another son of Shibani Roy, the petitioner No. 2 and Shibani Roy is the mother of petitioner No. l, Prabir Kumar Roy. The petitioner No. 3, Mahua Roy is the wife of Prabir Roy while the petitioner No. 4 is the daughter of Shibani Roy and petitioner No. 5 is the husband of petitioner No. 4.