TARIT BARAN TOPDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have preferred this revision under Section 482 of the Code of Criminal Procedure praying for quashing of the proceeding of G. R. No. 56 of 2016 arising out of Tala Police Station Case No. 3 of 2016 dated January 3, 2016 under Sections 498A/420/120B of the Indian Penal Code pending before the court of learned Additional Chief Judicial Magistrate, Sealdah.

(2.) It appears from the materials on record that the Opposite Party No.2 filed a written complaint against the petitioners and one Niladri Topdar before the Officer -in -Charge of Tala Police Station on the basis of which Tala Police Station Case No. 3 dated January 3, 2016 was registered. The investigation of the criminal case was initially stayed by the interim order of this Court on January 28, 2016. However, on April 1, 2016 the said interim order was modified, so that the Investigating Officer may continue with the investigation of the criminal case without taking any coercive measure against the petitioners and the co -accused persons. So the investigation of the criminal case is in progress.

(3.) Mr. Debajyoti Deb, learned counsel for the petitioners contends that the contents of the written complaint treated as First Information Report do not disclose any offence against the petitioners and as such continuation of the criminal proceeding against the petitioners is an abuse of the process of the court. On the other hand, Mr. Edulji, learned counsel for the Opposite Party No. 2 has referred to the averments made in the written complaint and submitted that the petitioners have suppressed material facts at the time of negotiation of the marriage between the Opposite Party No. 2 and one Niladri Topdar and thereby caused harm to the body, mind and reputation of the Opposite Party No.2 and thereby the petitioners have committed offence punishable under Section 420 of the Indian Penal Code. Mr. Ayan Basu, learned counsel for the Opposite Party/State submits that the offence under Section 420 of the Indian Penal Code is made out against the petitioners and as such investigation should be allowed to continue and come to its logical conclusion of submitting police report in final form under Section 173 of the Code of Criminal Procedure.