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ASHIM KUMAR ROY
Ramprahalad Mishra – Appellant
Versus
State of West Bengal – Respondent


Counsel for the Parties:
For the Petitioners:Himangshu De, Navanil De and Suman De, Advocates.
For the Respondent/State:Krishna Ghosh and Abhijit Kumar Adhya, Advocates.

JUDGMENT

Ashim Kumar, Roy, J.—In the instant criminal revisional application invoking inherent jurisdiction of this Hon’ble High Court, the petitioner challenged an order of framing charge under Sections 498A/306 of the Indian Panel Code in connection with the Sessions Case No. 5/08 now pending before the learned Additional Sessions Judge, Fast Track, 1st Court, Asansol.

2. By the aforesaid order the charge under Sections 306/498A of the Indian Penal Code was framed as against the husband of the victim girl viz. Amal Mishra and the present petitioners, who are happened to be the relations of her husband. The petitioner No. 1 is the father-in-law, the petitioner No. 2 is the mother-in-law and the rests three petitioners are the brother-in-law of the victim girl.

3. It is pertinent to note that the husband Amal Mishra has not joined in the instant criminal revisional application as a petitioner with his other relations.

4. It is a settled legal position since an order of framing charge affects personal liberty of a citizen substantially it is the duty of the Court to consider judicially, whether on the materials on which the prosecution proposed to prosecute the accused, makes out a

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