ASHOK DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure 1973 filed by the petitioner for quashing of proceeding of G.R. Case No. 324 of 2012 arising out of Haldia Police Station Case No. 31 of 2012 dated 25.03.2012 under Sections 498A/304B/34 of the Indian Penal Code read with Section 3 & 4 of Dowry Prohibition Act, pending before the Learned Additional Chief Judicial Magistrate, Haldia, District-Purba Medinipur.

(2.) According to the petitioner, on 25.03.2012 one Tapan Patra lodged one F.I.R. with the Officer-in-charge Haldia Police Station contending inter alia that family members of the de facto complainant were informed that the dead body of their daughter was found beside the railway path. It is also alleged that due to torture by her in-laws for demand of dowry, the victim had committed suicide. On the basis of that Haldia Police Station has registered a case bearing No. Haldia Police Station Case No. 31 of 2012 dated 25.03.2012.

(3.) According to the petitioner that F.I.R. was lodged against five accused persons namely Tapan Jana, Sukdeb Jana, Swarnalata Jana, Swapan Jana and Kajal Jana. There is no whisper in the F.I.R. itself that this accused petitioner had committed any offence. He is neither a relative of the deceased lady nor in any way involved in any offence. Curiously enough, at the time of filing charge-sheet, Investigating Officer made him an accused on the basis of a statement of a witness that he had some extra marital relationship with the deceased.