Calcutta High Court (Appellete Side)
Ankur Sureka vs The State Of West Bengal & Anr on 13 April, 2023
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
13.04.2023 Sl. No.14.
D/L. Mithun.
Ct.No.42.
CRR/554/2023 Ankur Sureka Vs. The State of West Bengal & Anr.
Mr. Ayan Bhattacharjee, Adv.
Mr. Indrajit Adhikary, Adv.
Mr. Pawan Kumar Gupta, Adv, Mr. Somnath Ray, Adv.
Ms. Sofia Nesar, Adv.
Mr. Santanu Sett, Adv.
...for the petitioner.
Petitioner is the brother in law of the opposite party No.2. He along with other matrimonial relations were implicated in a case under Section 498A of the Indian Penal Code after 76 days of her departure from her matrimonial home.
Police initially registered a case under Section 498A/406/323/506/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against the husband and other matrimonial relations of the opposite party No.2. Subsequently, though there is no allegation in the FIR, on the prayer of the Investigating Officer, the learned Magistrate added penal provisions punishable under Sections 376/354C/354D of the Indian Penal Code against the present petitioner. The learned Magistrate allowed the said prayer made by the Investigating Officer. The Investigating Officer submitted charge-sheet under such triable penal provision without any iota of evidence in the form of statement of witnesses, in the form of medical report or any other form of physical injury on the person of the de-facto complainant. Therefore, petitioner has approached this Court to quash the said penal provision 2 under Sections 376/354C/354D of the Indian Penal Code from the charge-sheet.
The instant revision is admitted.
Petitioner is directed to serve notice upon the private opposite party under registered speed post with acknowledgment due and file affidavit of service within three weeks from the date of this order.
The State of West Bengal be served through the learned Public Prosecutor, High Court, Calcutta.
In the meantime, further proceedings in connection with charge- sheet No.146 of 2022 be stayed qua the petitioner till two weeks after Summer Vacation.
( Bibek Chaudhuri, J. )