LAKSHMI BOSE ROYCHOWDHURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner, Smt. Lakshmi Bose Roychowdhuri, by filing an application under section 401 read with section 482 of the Code of Criminal Procedure sought to assail the order dated 24th April, 2006 passed by the learned Additional Sessions Judge, Fast Track Court, Haldia, District Purba Midnapore, in connection with Sessions Trial No.V/March/2005. The said case arose out of Durgachak Police Station Case No.6 of 2000 dated 19.01.2000 under section 302/201/34/120B of the Indian Penal Code.

(2.) Grievances of the petitioner, as ventilated in the present application, may briefly be stated as follows: Petitioner got married to Dr. Swapan Bose Roychowdhuri on 20.08.1991. After marriage, she left for her matrimonial home at Barauni, Bihar. She gave birth to a male child on 18.05.1993. In June, 1999, the husband of the petitioner was posted as Medical Officer in Indian Oil Refinery, Haldia and he started residing in the quarter allotted to him along with his family members. On 19.01.2000, Dr. Sawpan Bose Roychowdhuri was found dead on the bank of a river in front of Hindustan Petrochemicals Limited. Over such death, Durgachak Police Station Case No.6/2000 dated 19.01.2000 was instituted on the basis of a written complaint lodged by one Balai Barik, with the Officer-in-Charge of the police station, inter alia, alleging commission of offences punishable under section 302/201/34 of Indian Penal Code.

(3.) The father-in-law of the petitioner namely, Pratul Bose Roychowdhuri and other members of her matrimonial home were incessantly torturing the petitioner, physically and mentally and this led the petitioner with no choice but to lodge a complaint before the learned Court of Additional Chief Judicial Magistrate, Tamluk, for commission of offences punishable under section 498A/380/384/308/506 of the Indian Penal Code against the said Pratul Bose Roychowdhuri and others. The said case was numbered as M.P.Case No.487 of 2000. On 23.11.2000, learned Additional Chief Judicial Magistrate, Tamluk, directed the concerned police authority to investigate into the allegations made in the said complaint after treating the same as FIR under section 156(3) of the Criminal Procedure Code. Pursuant to that, Haldia Police Station Case No. 4/2001 dated 08.02.2001 under section 498A/380/ 384/308/506 of the Indian Penal Code was registered for investigation.