RAJTANU BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petition has been instituted under Section 482 of the Code of Criminal Procedure seeking quashing of First Information Report and other proceedings arising out of Case No. 173 dated 10.04.2007 registered at Rajarhat Police Station for offences under Sections 498A/406/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) The brief facts relevant for the adjudication of the instant petition are that Rajtanu Bhattacharya, petitioner no.1 was married to Smt. Chinmoyee Mukherjee, opposite party no. 2. The marriage between the parties was solemnized on 09.08.2006. It has been alleged that within a year of the marriage the wife was ill-treated and tortured to such an extent that she was compelled to initiate criminal prosecution against her husband and in-laws. On 10.04.2007, the wife-complainant instituted an application under Section 156(3) of the Code of Criminal Procedure (hereinafter called 'Code') with a prayer to send the same to In-charge Police Station Rajarhat for registration of a criminal case against the petitioners. It was averred in the said application that police had refused to register the case on 03.04.2007.

(3.) The application of the wife-complainant came for adjudication before the Chief Judicial Magistrate on 10.04.2007 itself who after perusing and considering the complaint was of the opinion that there are no cogent grounds for sending the complaint under Section 156(3) to the Code of Criminal Procedure. The court opted to take cognizance and was of the opinion that it is proper to examine the complaint under Section 200 of the Code of Criminal Procedure. The case was transferred to the Court of Judicial Magistrate, 2nd Court, Barasat for disposal and 05.05.2007 was fixed as the date for the appearance of the complainant. On that very date that is 10.04.2007, the complainant moved an application for dismissing the complaint for non-prosecution. The said application was ordered to be kept with the record and the complaint was eventually dismissed for nonprosecution on 05.05.2007. In the meanwhile, the complainant-wife approached the police again on 10.04.2007 which registered the impugned First Information Report. Aggrieved against the said action of the opposite parties, the present petition has been filed.