XXX Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision application assailed the order passed on 29/11/2016 by the Learned Additional Sessions Judge, Fast Track Court II, Bichar Bhawan, Calcutta in connection with Criminal Revision No. 138 of 2016 affirming the order dtd. 29/7/2016 passed by Learned Additional Chief Metropolitan Magistrate (for short A.C.M.M), 2nd Court, Calcutta in Misc. Case No. 44/2016, rejecting the application filed at the behest of the petitioner before the Ld. A.C.M.M on 8/7/2016.

(2.) Briefly stated petitioner of this revision application filed a complaint under Sec. 156 (3) of the CrPC before the Ld. A.C.M.M Calcutta, against her husband and in-laws alleging, inter alia, that she was subjected to inhuman torture in her matrimonial house by the accused persons at her matrimonial home on demand of money and she was also raped by her husband in front of her eldest daughter. She lodged a complaint at the Police Station but no result was yielded. That is why, the petitioner filed the complaint under Sec. 156(3) of CrPC.

(3.) On receipt of that application under Sec. 156(3) Ld. A.C.M.M forwarded the same to Bowbazar PS for investigation. The case was registered as Bowbazar Police Station Case No. 199 dtd. 18/6/2016 but Investigation Officer (for short IO) started the case under Sec. 498A /406/34 of the Indian Penal Code (for short IPC) read with Sec. 3 /4 of the DP Act. Thereby, deleting Sec. 376 /420 of the IPC and reported the same to the Court of Ld. A.C.M.M on 8/7/2016 when petitioner also filed an application raising objection for deletion of Sec. 376/420 IPC.