PIYALI SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has filed this criminal revisional application under Sec. 483 read with Sec. 482 of the Code of Criminal Procedure, 1973 in connection with G.R. Case No. 741/2019 and corresponding to Amherst Street Police Station Case No. 233/2019 dtd. 8/8/2019 under Ss. 325/354/384/328/364/307/506/120B of the Indian Penal Code pending before the Learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta, praying for monitoring the investigation by this Hon'ble High Court and further sought for passing direction for time bound investigation and/or pass such orders as may deem fit and proper.

(2.) The factual matrix of the instant case is that the petitioner/complainant filed a petition of complaint under Sec. 156 (3) of the Cr.PC before the Court of learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta and same was registered as Misc. Case No. 34/2019 against Prasenjit Saha, Aparajita Saha, Paritosh Saha, Pitama Sha Sikdar, Dr. Bijoy Jacob, Dr. Soumya Chatterjee and employees of Antara Psychiatric Hospital with contentions and allegations that the petitioner is the legally married wife of opposite party no. 2 herein and their marriage was solemnized on 29/1/2007 as per the Hindu Rites and Customs. The opposite party nos. 3 to 5 are in-laws of the petitioner. After marriage, the opposite party no. 2/husband and in-laws started torture for non-fulfilment of further demand of dowry. On such incident, the petitioner had lodged a written complaint before the Baguiati Police Station on 26/11/2018 and 9/3/2019 but police did not take any steps against them.

(3.) Learned counsel appearing on behalf of the Petitioner submitted that the petitioner was in good health. She never suffered any mental illness. Rather she raised all illegal activities of her husband and in-laws but the husband and in-laws in connivance with doctors, admitted her in the Antara Hospital for treatment though she was quite well. Despite of the said fact, the opposite parties forcibly admitted the petitioner in Antara Hospital for treatment as a mental patient. As such, a writ petition was filed before the Hon'ble High Court highlighting the entire facts. In pursuant to the direction of the Hon'ble High Court in habeas corpus application, the petitioner was rescued upon making her psychological assessment. She filed an application under Sec. 156(3) of the Cr.PC before the Learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta for cruelty and torture by the husband, in-laws and doctors. But after lapse of several years, the investigating officer kept the petitioner in dark without progress of any investigation. Recently, IO has filed the charge sheet and the said charge sheet is not properly done by the Investigating Officer. Investigating Officer converted the lesser offences against the accused persons. The IO also not charge sheeted many accused persons. Kidnapping charge was also not included in the said charge sheet.