SAMIR SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) One Samita was given marriage with one Samir Sardar on 12th March, 2005. After marriage Samita was subjected to physical and mental torture on illegal demand of sum of Rs.10,000/- to be brought from her father. When such torture became unbearable she returned to her paternal home. However her father again brought her back to her matrimonial home with a hope that her daughter would have a happy conjugal life and cordial matrimonial home in course of time. However, the aforesaid hope and lofty desire went in vain when Samita again returned to her paternal home sometimes in the first week of July, 2005. The father of Samita went to her matrimonial home and requested Samir not to inflict torture upon her. Samir assured him that there would be no torture in future upon Samita and took her back on 19th July, 2005. On 24th July, 2005 mother of Samir came to the paternal home of Samita and informed that she was missing since 23rd July, 2005. The father of Samita and other relatives conducted thorough search for her but did not find Samita. He lodged a missing diary in the local P.S on 28th July, 2005. However police did not take any step to find out and recover the said Samita. Finding no other alternative, father of Samita lodged a complaint before the learned Chief Judicial Magistrate at Alipore under Section 156(3) of the Code of Criminal Procedure.

(2.) The said complain was sent to Bishnupur P.S with a direction to treat the same as FIR and start a specific case against Samir Sardar and his parents. Police accordingly registered Bishnupur P.S Case No.57 dated 13th March, 2006 under Section 938A/346/120B/34 of the Indian Penal Code and took up the case for investigation.

(3.) On completion of investigation police submitted charge-sheet against the accused persons/appellants on 22nd November, 2007 under Section 498A/364/120B/34 of the Indian Penal Code.