Calcutta High Court (Appellete Side)
Mojahar Gazi vs The State Of West Bengal & Anr on 16 January, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
Form No.J.(1)
In the High Court at Calcutta
(Criminal Revisional Jurisdiction)
Appellate Side
Present:
The Hon'ble Justice Ashim Kumar Roy
C.R.R. No.3784 of 2014
Mojahar Gazi
-Vs-
The State of West Bengal & Anr.
For the petitioner: Mr. Saidur Rahaman.
For the opposite parties : None
Heard on : 19-12-2014.
Judgment on : 16-01-2015.
Ashim Kumar Roy, J.
The petitioner, who has been chargesheeted for the offence punishable under Section 498A/313/315 IPC in connection with Bhagwangola Police Station Case No.315 of 2014, has approached this Court for quashing of the charge sheet on the ground that already that the marital tie between the petitioner and the de facto complainant has been dissolved by pronouncement of "Talak".
Merely because after the registration of a case for an offence punishable under Section 498A of the Indian Penal Code, the husband has divorced the wife, that is no ground to obliterate an offence punishable 2 under Section 498A of the Indian Penal Code. This is a case where such offence was committed during the subsistence of marriage.
This criminal revision has no merit and accordingly, the same stands dismissed and disposed of.
Office is directed to communicate this order to the opposite party No.2 at her address mentioned in the cause title of this application at once.
Urgent Photostat certified copy of this order, if applied for, be given to the parties at an early date.
( Ashim Kumar Roy, J. ) 3 4