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2010 Supreme(Cal) 500

KALIDAS MUKHERJEE
Sidharth Agarwal – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For The Petitioner:Manjit Singh, Anand Keshari, Advocates.
For The State: Kasem Ali Ahmed,
For the O.P. No.2:Sandipan Ganguly, Partha Pratim Sarkar, Advocates.

JUDGMENT:

KALIDAS MUKHERJEE, J.:

1. This is an application under Section 482 of the Code of Criminal Procedure praying for quashing of the criminal proceedings and the charge sheet submitted in connection with the CGR Case No. 998 of 2009 arising out of Tollygunge Police Station Case No. 50 of 2009 dated 18.3.2009 under Sections 498A/306 of the Indian Penal Code.

2. The case of the petitioner, in short, is that the O.P. No. 2 lodged F.I.R. with the O.C. of Tollygunge P.S. alleging that the petitioner and his family members mentally tortured and harassed his daughter and also demanded dowry. It has further been alleged that his daughter was mentally and physically very strong and being well educated she could not take her life herself. A case was registered under Sections 498A and 306 of the I.P.C. being F.I.R. No. 50 dated 18.3.2009. After completion of investigation charge sheet was submitted under Section 498A/306 of the I.P.C.

3. The learned Counsel appearing on behalf of the petitioner submits that the defacto complainant being misled lodged the F.I.R. and he has no grudge against the son-in-law. It is contended that none of the witnesses stated anything incriminating against











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