Ors vs The State Of West Bengal & Anr
2022 Latest Caselaw 4110 Cal

Form J(1)          IN THE HIGH COURT AT CALCUTTA
                      Criminal Revisional Jurisdiction
                               Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri


                              CRR 2009 of 2022


                    Sk. Mahammad Babar Ali @ Sk. Md. Babar Ali and
                   Ors.
                                      Vs.
                         The State of West Bengal & Anr.


For the petitioners:     Mr. Biswajit Hazra
                         Mr. Archisman Sain



Item No.18



Heard & Judgment on:           11.07.2022


Bibek Chaudhuri, J.

On the death of one Sajahan Sk., husband of the opposite

party No.2 at his matrimonial home, a case being Bolpur Police

Station Case No.230 of 2020 dated 16 th September, 2020 under

Sections 363/323/325/307/34 of the Indian Penal Code was

registered against the opposite party No.2 and her father and others.

In the said case charge sheet was submitted and the case is now

pending on the stage of trial.

Subsequently, on 2nd November, 2021 the opposite party No.2

filed a written complaint in the jurisdictional police station under

Sections 498A/406/306/506/34 of the Indian Penal Code against the

petitioners. on the basis of which Bolpur Police Station Case No.407

of 2021 was registered. In the said case charge sheet was also

submitted against the petitioners.

Now, the petitioners have prayed for quashing of the charge

sheet.

It is the case of the opposite party No.2 that the petitioners

used to insist upon the husband of the opposite party to commit

suicide as they did not like a happy family relation between the

deceased husband and the opposite party No.2. The opposite party

committed suicide at the paternal home of the opposite party No.2. In

order to save themselves the petitioners lodged a false case against

the petitioners. Specially after the death of her husband the opposite

party No.2 was treated with cruelty by the petitioners. They have

misappropriated her 'stridhan' properties.

A criminal complaint case cannot be quashed in a revisional

proceeding unless it is found prima facie that the impugned

proceeding will cause miscarriage of justice and further proceeding

will abuse the process of Court.

This Court is not in a position to hold as to whether the

subsequent complaint filed by the opposite party No.2 is a false and

concocted complaint and it will cause miscarriage of justice or that it

was filed with the sole object to get rid of the penal provision involved

in Bolpur Police Station Case No.407 of 2021 by the opposite party

No.2.

In view of filing of the charge sheet in the subsequent case,

prima facie case against the petitioners has been established.

For the reasons stated above, I do not find any merit in the

instant revision.

The revision is summarily dismissed.

(Bibek Chaudhuri, J.)