Monoj Patra & Ors vs The State Of West Bengal & Anr
2022 Latest Caselaw 6245 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                             CRR 2100 of 2022


                           Monoj Patra & Ors.
                                   Vs
                      The State of West Bengal & Anr.

For the petitioner      : Ms. Sohini Bhattacharjee, Adv.

Heard on                : 05.09.2022

Judgment On             : 05.09.2022.


Bibek Chaudhuri, J.

The petitioners being the husband, mother in law, sister in law

and the husband of the sister in law of the de facto complainant in

connection with Nimta Police Station Case No.518 of 2020 under

Sections 498A/406/34 of the Indian Penal Code and Sections 3 & 4 of

Dowry Prohibition Act has prayed for quashing of the charge-sheet

filed against them by the police authority after investigation.

It is ascertained from the revisional application that the said

case is now pending before the learned Additional Chief Judicial

Magistrate at Barrackpore.

It is submitted by the petitioners that they were falsely

implicated in this case by the de-facto complainant. The petitioner

No.1 could not run the paternal family of the de-facto complainant

during Covid-pandemic period. This is the precise reason for lodging

the complaint against the petitioners.

It is also submitted by the learned Advocate for the petitioners

that petitioner Nos.3 & 4 being the sister in law of the de facto

complainant and her husband reside at their respective house far

away from the matrimonial home of the de-facto complainant. The

allegation made out against him are false, concocted frivolous.

The petitioners have come forward before this Court praying

for quashing of the charge-sheet on the basis of disputed question of

facts. This Court sitting in revision cannot adjudicate such disputed

question of facts even after notice upon the opposite parties. Such

disputed question of facts can only be agitated and adjudicated by the

Trial Court on the basis of evidence that may be adduced by the

parties.

Therefore, I do not find any merit in the instant revision.

However, considering the fact that Nimta Police Station Case

No.518 of 2020 pending for last 2 years without the trial being

proceeded with, the learned Magistrate is requested to expedite the

trial of the case and come to a logical conclusion within one year from

the date of communication of the order.

The petitioners are at liberty to communicate the order

obtaining server copy from the official website of this Court.

The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.96.