Calcutta High Court (Appellete Side)
An Application Under Sections 397/401 ... vs Alewa Bewa & Anr on 21 June, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 Sl. June 21, C.R.R. 585 of 2017
57. 2017 In the matter of: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure ;
And In the matter of : Alewa Bewa & anr.
Versus State of West Bengal & anr.
Mr. Sabyasachi Hazra, ...for the petitioners.
Ms. Anasuya Sinha, ...for the State.
Mr. Sudip Kumar, Mr. Gour Baran Sau, ...for the opposite party no. 2.
It is submitted on behalf of the petitioners that they are relations of the principal accused, namely, Khademul Islam. It has been alleged in the impugned criminal proceeding that Khademul, on the false promise of marriage, had co-habited with the opposite party no. 2 and when the opposite party no. 2 went to the residence of Khademul, the petitioners had assaulted her and driven her out.
It is argued on behalf of the petitioners that they are relations of Khademul and had no role to play in the relationship between the said Khademul and the victim.
Statements recorded in the course of investigation including that of the victim under Section 164 of the Code of Criminal Procedure do not support such contention of the petitioners.
Hence, I am not inclined to interfere with the impugned criminal proceeding at this stage. However, it is open to the petitioners to agitate their defences at the appropriate stage of proceeding in accordance with law, if so advised.
With the aforesaid observation, the revision petition stands disposed of. Photostat certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.
2( Joymalya Bagchi, J. ) dns