Durga Garodia And Others vs The State Of West Bengal & Anr
2022 Latest Caselaw 6445 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri


                       CRR 3167 of 2022



                     Durga Garodia and others
                                Vs.
                   The State of West Bengal & Anr.


      Mr. Sourav Chatterjee
      Ms. Subhasree Patel
      Ms. Saini Das
                  ..for the petitioners

      Ms. Baisali Basu
                   ...for the State




Item No.164ML


Heard & Judgment on:           09.09.2022


Bibek Chaudhuri, J.

The petitioner No.3 is the husband and remaining petitioners

are matrimonial relations of the opposite party No.2.

Indisputably, marriage of the opposite party No.2 was

solemnized with the petitioner on 15 th February, 2015. Immediately

after marriage she conceived some time in the month of June, 2015.

It appears from the medical report of the opposite party No.2, copy of

which has been annexed with the instant revision that the opposite

party No.2 went on abortion voluntarily at ILS Hospitals, Salt Lake on

17th July, 2015. She was aborted. Subsequently, on 22 nd December,

2018 the opposite party No.2 gave birth to a child under the wedlock

between her and the petitioner No.3. She again conceived sometimes

in the month of February, 2021. The opposite party No.2 decided

voluntarily to terminate her pregnancy and it was terminated by Dr.

Gitasree Mukherji attached to Bhagirathi Neotia, Woman & Child Care

Centre on 23rd February, 2021. Subsequently, there was marital

discord. The opposite party No.2 filed an application under the

Protection of Women from Domestic Violence Act before the

competent Court of the learned Magistrate on 16 th December, 2021.

In the said proceeding she did not make any allegation that she was

forcibly terminated. Subsequently, on 13 th May, 2022 she lodged a

complaint before Golf Green Police Station against the petiitioners

alleging offence under Sections 498A/406/313/34 of the Indian Penal

Code against the petitioners. It is submitted on behalf of the

petitioners that when the prescription and medical examination report

dated 18th June, 2022 shows that the opposite party No.2 voluntarily

agreed to terminate her pregnancy by medicine and she was

explained by the Medical Officer regarding the risks that might be

incurred by her, the allegation under Section 313 of the Indian Penal

Code prima facie cannot stand.

Having heard the learned advocate for the petitioners this Court

is of the view that the instant revision can be disposed of here and

now with the assistance of learned advocate for the State of West

Bengal.

Ms. Baisali Basu, P.P.-in-charge is requested to assist this

Court.

I have heard the learned advocates for the petitioners and the

learned P.P.-in-charge.

The instant revision is disposed of giving liberty to the petitioner

No.3 to produce a copy of the instant revision to the Investigating

Officer within three days from this date. The Investigating Officer

shall verify the medical reports of the opposite party No.2/de facto

complainant contained at page 36 (annexure P-2) and page 40

(annexure - P3) and will independently ascertain as to whether a case

under Section 313 of the Indian Penal Code is made out against the

petitioners or not.

If no such case is made out, investigation of Golf Green Police

Station Case No.92 of 2022 shall be proceeded with following the

decision of Arnesh Kumar versus State of Bihar.

Till the date of ascertainment of the application as to whether

prima facie case under Section 313 of the Indian Penal Code has been

made out against the petitioners or not, no coercive step shall be

taken against the petitioner No.3.

The petitioners are at liberty to act on the server copy of this

order.

(Bibek Chaudhuri, J.)