Calcutta High Court (Appellete Side)
Sk. Sahadat Ekbal & Ors vs The State Of West Bengal & Anr on 7 March, 2025
Author: Sugato Majumdar
Bench: Sugato Majumdar
07.3.2025
Sl.49
Nandita
Court No.40
IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
CRR 4247 of 2024
Sk. Sahadat Ekbal & Ors.
Vs.
The State of West Bengal & Anr.
Mr. Kunal Ganguly,
….For the petitioners.
Ms. Faria Hossain, Ld. APP
….For the State.
Affidavit-of-service filed on behalf of the petitioners be kept
with the record.
The learned Counsel for the petitioners submits that the
disputes between the husband and wife owed its origin much
earlier. The husband name Sk. Sahadat Ekbal, who is the
present petitioner no. 1 filed an application under Section 156(3)
Code of Criminal Procedure alleging that the de facto
complainant had already been married at the time of marriage
with the petitioner no. 1. Subsequently, de facto complainant,
after marriage with the present petitioner no. 1, filed an
application for praying under Section 125 of Criminal Procedure
Code. Number of litigations are pending and the present
complaint is an addition to that.
Perused the Case Diary. There are incriminating element
against the petitioner no. 1/husband. It is alleged that the
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petitioner no. 1 caused hurt to the person of the de facto
complaint, corroborated by the medical report. Therefore, I am
not inclined to allow this application for quashing against the
petitioner no. 1.
However, materials on record particularly the Case Diary
does not show incriminating materials against the present
petitioner nos. 2 to 7. The statement of witnesses recorded under
Section 161 is nothing but “cut, copy and paste” of the same
statements truth of which can be doubted. All the statements
are computer typed.
On perusal of the Case Diary and other materials I am
inclined to allow the instant application against petitioner no. 2
to 7 except petitioner no. 1.
Accordingly, Mohanpur Police Station Case No. 49 of 2024
dated 19.04.2024 under Sections 498A/325/307/406 of the
Indian Penal Code read with Sections 3 / 4 of the Dowry
Prohibition Act, 1961 (corresponding to G.R. Case No. 173 of
2024) pending before the Learned Additional Chief Judicial
Magistrate Danton, Paschim Medinipur stand quashed against
petitioner nos. 2 to 7.
Copy of the order shall forward to the Learned Additional
Chief Judicial Magistrate Danton, Paschim Medinipur and the
concerned Police Station.
The criminal revision being CRR 4247 of 2024 stands
disposed of.
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Urgent Photostat certified copy of this order, if applied for,
be supplied to the parties subject to compliance with all
requisite formalities.
(Sugato Majumdar, J.)
