Calcutta High Court (Appellete Side)
Partha Pratim Mitra vs Unknown on 31 August, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 31.8.2016
.
Item No.42 as C.R.R. 2611 of 2016 In Re: An application under Section 482 of the Code of Criminal Procedure.
In the matter of : Partha Pratim Mitra.
... Petitioner.
Mr. Subrata Kuma Roy Karmakar.
...for the Petitioner.
Proceeding in G.R. Case No.4115 of 2012 pending before the learned Chief Judicial Magistrate, Howrah arising out of Shibpur Police Station Case No.714 of 2012 dated 2nd August, 2012 under Sections 498A/323 of the Indian Penal Code has been assailed.
The prosecution case against the petitioner is to the effect that the victim housewife had been subjected to torture at the matrimonial home and as a result, she left the matrimonial home along with the minor child. In the course of investigation, the victim was recovered and her statement was recorded under Section 164 of the Code of Criminal Procedure and police report has been filed against the petitioner.
Learned Counsel appearing for the petitioner submits that the allegations are patently absurd and inherently improper. The victim had left the matrimonial home out of her own volition and in a collateral proceeding wherein the victim had deposed she did not speak of any torture meted out by her. 2 I find that there are allegations of torture in the impugned charge sheet. Truthfulness of such allegation has been gone into at the appropriate stage of the proceeding. However, the institution of the proceeding cannot be said to be without jurisdiction. The plea of the petitioner is that in a collateral proceeding, the victim was silent as to torture may be utilized by him in the course of examination of the victim during trial. However, it could be premature to foreclose the proceeding at this stage relying on documents and/or materials in other collateral proceeding. It is open to the petitioner to agitate the issues canvassed herein at the appropriate stage of the proceeding in accordance with law.
With the aforesaid liberty, the revisional application is disposed of.
(Joymalya Bagchi, J.)