NEELAM AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In connection with Alipore Police Station Case No.15 of 2021 under Ss. 304B/498A/406/34 of the IPC, the Investigating Officer submitted charge-sheet against one Kushal Agarwal, Naresh Agarwal and Smt. Neelam Agarwal. Smt. Neelam Agarwal and Naresh Agarwal are the petitioners before this Court. They have filed the instant criminal revision challenging the order dtd. 11/8/2022 passed by the learned Chief Judicial Magistrate at Alipore taking cognizance of offence punishable under Ss. 304B/498A/406/34 of the IPC against the petitioners and their son Kushal Agarwal. The petitioners have also challenged the legality and propriety of the aforesaid order passed by the learned Chief Judicial Magistrate at Alipore issuing warrant of arrest against the petitioners after taking cognizance of offence on the basis of the police report/charge-sheet filed by the Investigating Officer.

(2.) It is pertinent to mention at the outset that marriage of one Rashika Jain was solemnized with the above named Kushal Agarwal on 9/2/2020. It is alleged that Rashika Jain was subjected to physical and mental cruelty and harassment by her husband and parents-in-law on demand of dowry since her marriage. She was not even provided with necessary medical treatment by her husband and matrimonial relations as advised by the doctor. Failing to bear such physical and mental torture, Rashika Jain had met with an unnatural death within one year of her marriage on 16/2/2021. After the death of Rashika, her father lodged a written complaint in the jurisdictional Police Station that gave rise to registration of FIR Case No.15 of 2021 dtd. 17/2/2021 against the petitioners and their son Kushal Agarwal.

(3.) Indisputably, initial investigation was being conducted by a Police Officer attached to Alipore police station in different and lackadaisical manner. The defacto complainant being the unfortunate father of the deceased lady finally approached this court under Article 226 of the Constitution of India for a direction upon the police authority so that the investigation might be concluded to its logical end.