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2010 Supreme(Cal) 131

RAGHUNATH RAY
Rajab Ali @ Sk. Rajab Ali – Appellant
Versus
The State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Debabrata Acharya, Sital Samanta, Advocates.
For the State:Joy Sengupta, Advocate.
For the Opposite Party:R2, Snehasis Jana, Advocate.

Judgment :

RAGHUNATH RAY, J

1. By filing this application under section 401 read with section 482 of the Code of Criminal Procedure the revisionist has sought to challenge an order dated 23.09.2008 passed by the learned Additional Chief Judicial Magistrate, Ghatal, Midnapore (W) in G.R. Case No. 3 of 2007 whereby the ld Magistrate took cognizance of offences as alleged against accused persons for the second time on submission of charge-sheet u/s 498A / 382/34/120B IPC against them pursuant to ‘reinvestigation’.

2. Shorn of unnecessary details the background facts leading to filing of this revision may be summarized as under:

FIR lodged by Enamul Haque Khan, the father of Mohabudan @ Moudam Bibi discloses that her marriage was solemnized with Sk. Jane Alam in accordance with the Muslim religious rites eight years back followed by payment of sufficient dowries including cash and gold ornaments. The wife was, however, subsequently subjected to brutal torture by her husband and in-laws both physical and mental for bringing further dowries from her parents. On her parents’ failure to meet further dowry demands accused persons frequently tortured her. However, on payment of further dowry








































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