HIRALAL KONAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant Criminal Revisional application has been preferred by two accused persons under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'CrPC') seeking quashing of the proceedings being Special Case No. 9/2022 arising out of Patuli P.S. Case No. 52/2022 dtd. 15/3/2022 under Ss. 498A/406/506/34 of the Indian Penal Code, 1860, Ss. 3/4 of the Dowry Prohibition Act, 1961 read with Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sec. 3(1)(u) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (corresponding to ACGR No. 1052/2022), now pending before the Court of the Learned District and Sessions Judge, 1st Court, Alipore, South 24 Parganas. The petitioner further challenges the order dtd. 12/5/2022 passed by the Learned District and Sessions Judge, 1st Court, Alipore, South 24 Parganas whereby Trial Court took cognizance of the offences as alleged.

(2.) The material facts, in brief are that petitioner no. 1 is a registered medical practitioner holding an MS in Anatomy and a Diploma in Radiotherapy. He retired upon superannuation from the West Bengal Health Services; his last posting was being at the Medical College and Hospital, Kolkata. At present, he is engaged on a contractual basis in the Department of Paediatric Surgery at KPC Medical College and Hospital, Jadavpur. Petitioner no. 2 is a geologist, presently serving with the Geological Survey of India.

(3.) The opposite party no. 2 being the wife of petitioner no. 2 lodged a written complaint with the Officer-in-Charge of Patuli Police Station alleging in details as under: -