Calcutta High Court (Appellete Side)
Asif Iqbal Halsana & Ors vs Unknown on 12 June, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 12.06.2017
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230as C.R.R. 1791 of 2017 In Re: An application under Section 482 of the Code of Criminal Procedure.
In the matter of : Asif Iqbal Halsana & Ors. ... Petitioners.
Petitioners have prayed for quashing of proceeding in G.R. Case No.747 of 2015 arising out of Thanapara Police Station Case No.118 of 2015 dated 6.8.2015 under Sections 498A/326/307 of the Indian Penal Code. The gist of the allegations in the impugned criminal proceeding is to the effect that the niece of the defacto complainant Khatun Bibi was married to the petitioner no.1 and due to the torture meted out by the petitioner no.1 and other in laws being petitioner nos.2 to 8 herein, she suffered unnatural death at the matrimonial home. In conclusion of investigation, charge sheet has been filed under Sections 498A/306/34 of the Indian Penal Code. It has been contended in the petition that the victim made a dying declaration in the hospital which exonerated the petitioners.
In view of the uncontroverted allegations in the first information report, I am of the opinion that it shall be open to the petitioners to agitate such issue at the appropriate stage of the proceeding including the stage of framing of charge in accordance 2 with law. However, it is inadvisable to interfere with the proceeding at this preliminary stage.
With the aforesaid observation, the revision petition is disposed of.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties, as expeditiously as possible on compliance of all necessary formalities.
(Joymalya Bagchi, J.)