In a single-paragraph order under Article 226 of the Constitution and Sections 482 and 401 CrPC, the High Court of West Bengal dismissed a revision petition challenging proceedings under Sections 498A and 34 IPC. The court held that a prima facie case was made out.
The revisional application is dismissed; the impugned proceedings are maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
D/L 21 March 4, 2022
Bpg.
C.R.R. No.3328 of 2018 (Via Video Conference)
In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 filed in connection with Bagnan Police Station FIR Case No.363 of 2015 dated 24.09.2015 under Sections 498A/34 of the Indian Penal Code;
Malay Ghosh Versus The State of West Bengal & Anr.
Ms. Devi Priya Mitra.
…for the petitioner.
Mr. Saswata Gopal Mukherjee, Ld. P.P., Ms. Debjani Sahu. …for the State.
Mr. Supriya Das. …for the opposite party no.2.
The present revisional application has been preferred challenging the proceedings arising out of Bagnan Police Station Case No.363 of 2015 dated 24.09.2015 corresponding to G.R. Case No.2151 of 2015.
Ms. Mitra, learned advocate appearing for the petitioner challenges the FIR and consequent charge-sheet which have been submitted in connection with the instant case.
Mr. Mukherjee, learned Public Prosecutor, opposes such contentions.
I have perused the FIR, charge-sheet and the relevant materials which have been collected by the Investigating Agency in course of the trial.
Having regard to the materials so collected, I am of the
2
opinion that prima facie a case has been made out under the provisions of Sections 498A/34 of the Indian Penal Code for progress of the trial of the case. As such, no interference is called for.
Accordingly, CRR 3328 of 2018 is dismissed.
Pending application, if any, is consequently disposed of.
Interim order, if any, is hereby vacated.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
1 issue framed by the court
Whether the High Court should interfere with the proceedings arising out of a First Information Report and charge-sheet under Sections 498A and 34 of the IPC.
2 provisions across 2 enactments
Malay Ghosh
The State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
