LAWS(CAL)-2023-8-184

SUBHASH KARMAKAR Vs. STATE OF WEST BENGAL

Decided On August 23, 2023
Subhash Karmakar Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the charge sheet being no. 270 of 2018 dtd. 22/6/2018 under Ss. 498A/406/506 of the Indian Penal Code, 1860 arising out of G.R. No. 358 of 2018 corresponding to Chakdaha Police Station Case No. 156 of 2018 dtd. 21/5/2018 under Ss. 498A/406/506 of the Indian Penal Code, 1860, now pending before the learned Additional Chief Judicial Magistrate, Kalyani, alternatively, for passing appropriate order by directing the learned Additional Chief Judicial Magistrate, Kalyani to dispose of the impugned criminal proceeding being G.R. No. 358 of 2018 arising out of Kalyani Police Station Case No. 156 of 2018 dtd. 21/5/2018 under Ss. 498A/406/506 of the Indian Penal Code.

(2.) The petitioner's case is that the present prosecution case arose out of a written complaint dtd. 6/3/2018, lodged by the victim Smt. Indranee Roy Karmakar addressed to the Officer-in-Charge, Barrackpore Police Station, alleging inter alia that her negotiated marriage through 'Bharat Matrimonial' was held with the petitioner on 1/8/2017. It is alleged that her uncle in law Animesh Bhattacharjee made her life miserable by committing mental torture upon her. Her mother in law took possession of her gold ornaments. Thus, she left her matrimonial home sometime in the beginning of December, 2017 due to such reasons. She further alleged that she left all her belongings which is required to be recovered. Hence, she prayed for punishment of the accused persons.

(3.) Initially Noapara Police Station Case No. 56 of 2018 dtd. 6/3/2018 under Ss. 498A/406/506 of the Indian Penal Code was started and then the case was transferred by the Ld. A.C.J.M., Barrackpore to the Court of Ld. A.C.J.M., Kalyani on 23/3/2018 for want of jurisdiction. The case was then registered as Chakdaha P.S. Case 156/18 dtd. 21/5/2018.