Calcutta High Court (Appellete Side)
Rupamoy Bhattacharya & Ors vs Unknown on 2 August, 2021
14
02.08.2021
Ct.35
AKG
CRR 733 of 2021
(Through Video Conference)
In Re: - An application under Section under Article 227 of the
Constitution of India read with 401 of the Code of Criminal
Procedure, 1973.
And
In the matter of: Rupamoy Bhattacharya & Ors.
.... Petitioners
Mr. Soumyajit Das Mahapatra,
Mr. Soumyajit Raha,
Mr. Somnath Adhikary
...For the Petitioners
Mr. Santanu Chatterjee
Ms. Sukanya Bhattacharya,
Md. Kutubuddin.
...For the State
The petitioner, on October 9, 2020, made a complaint before
various police authorities, alleging physical and mental torture, and
demand of dowry by her husband and in-laws. Following the said
complaint dated October 9, 2020, Bidhannagar Police Station
registered the F.I.R. being No. 95 of 2020, dated November 19, 2020
under Sections 498A and 406 of the Indian Penal Code, 1860 and 3 &
4 of the Dowry Prohibition Act, 1961.
It appears that following the self-same complaint, another case
was registered by Parnasree Police Station being F.I.R. No. 236 of
2020 under Sections 498A/406/34 of the Indian Penal Code, 1860
and 3/4 of the Dowry Prohibition Act, 1961.
Mr. Soumyajit Das Mahapatra, learned advocate appearing for
the petitioner, submits that in view of the initiation of the aforesaid
two Police Station Cases, his client has been subjected to undue
harassment, and two cases should be amalgamated into one. Mr.
Mahapatra relies upon one unreported judgment dated September 24,
2020, passed in CRR 1053 of 2020 (Gobinda Kumar Halder & Anr.
Vs. State of West Bengal & Anr.).
Ms. Sukanya Bhattacharya, learned advocate, appearing for the
State submits that following the registration of Bidhannagar Police
Station Case, charge sheet has already been submitted while
investigation has not yet been completed by the Parnasree Police
Station.
Mr. Santanu Chatterjee, learned advocate appearing for the
opposite party no. 2 submits that since the Bidhannagar Police
Station Case was registered after the Parnasree Police Station case,
the second F.I.R. has to be stayed or interfered with.
I do not see any reason to accept the submission of Mr.
Chatterjee since both the First Information Reports were lodged on
the basis of the same complaint dated October 9, 2020.
The petitioners need not face the order of investigation again
when the one of the investigation agencies has already been
completed the investigation and filed the charge sheet.
In that view of the matter, the proceeding being F.I.R. No. 236 of
2020 under Sections 498A/406/34 of the Indian Penal Code, 1860
read with Section 3 & 4 of the Dowry Prohibition Act, 1961 registered
before the Parnasree Police Station stands quashed.
It will, however, be open for the Investigating Agency of
Bidhannagar Police Station to file a supplementary charge sheet on
the basis of the seizures conducted by the Parnasree Police Station, if
they deem fit and proper.
With this observation, the revisional application being CRR 733
of 2020 stands allowed.
(Kausik Chanda, J.)
