SUJOY SENAPATI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant revisional application has been filed by the petitioners under sec. 482 of the Code of Criminal Procedure, 1973 seeking quashing of the proceedings being G.R. Case No. 788 of 2021 pending before the Court of the Learned Additional Chief Judicial Magistrate, Kalyani, Nadia arising out of Haringhata Police Station Case No. 281/2020 dtd. 12/11/2020 under Ss. 498A/34 of the Indian Penal Code.

(2.) It is the specific case of the petitioners that a written complaint was lodged by the wife/opposite party no. 2 on 12/11/2022 implicating her husband and even distances relatives of the petitioner no. 1 without any specific allegation. Petitioner no. 1 is the husband, petitioner no. 2 is the father-in-law, petitioner no. 3 is mother-in-law, petitioner no. 4 is married sister-in-law of the opposite party no. 2 and the petitioner no. 5 is the daughter of petitioner no. 4. Opposite party no. 2 fails to disclose cognizable offence against the present petitioners as would be evident from a plain reading of the FIR and charge-sheet. The opposite party no. 2 made vague and omnibus allegation against the petitioners. Complaint was lodged after long delay of more than 5 months. In spite of the said facts, the IO of this case, without examining the witnesses, filed a charge-sheet against the present petitioners. Even a neighbour, who has been allegedly shown as a charge-sheeted witness has sworn an affidavit before the Judicial Magistrate, 1st Class stating therein that he had never been examined by the Investigating Officer. He also never gave any statement against the present petitioners. Accordingly, the entire proceeding is an abuse of process of law which is liable to be set aside to ensure the end of justice. He relied three judgments to support his contention that in a vague and omnibus allegation, a proceeding cannot be continued, which are as follows:

(3.) On the other hand, learned Advocate appearing on behalf of the State produced case diary and vehemently submitted there is specific allegation against the present petitioners. De-facto complainant/opposite party no. 2 was married to the petitioner no. 1 on 26/2/2020 as per Hindu Rights and Customs and at the time of marriage, some gold ornaments were given. After few days of her marriage, the opposite party no. 2 was subjected to physical and mental torture by the petitioners on demand of 40 Voris of gold ornaments from her parent house. They even did not provide sufficient food to the opposite party no. 2. She had to take even biscuits with permission of accused persons. She compelled to live matrimonial home due to continuous physical and mental torture and finally having no alternative lodged FIR against the present petitioners and subsequently after completion of investigation, a prima facie case has been established against the present petitioners. FIR as well as charge-sheet is disclosing the cognizable offence against the present petitioners. Accordingly, the criminal revision is liable to be dismissed.