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2009 Supreme(Cal) 39

ARUNABHA BASU
Priti Kumar Kar – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appearing Parties:Joymalya Bagchi, S. Banerjee, Krishna Ghosh, Advocates.

Judgment :-

(1) The revisional application under Section 482 of the Code of Criminal Procedure is directed to quash proceeding in connection with G. R. Case No. 846 of 2001, now pending before the Court of learned Metropolitan Magistrate, 7th Court, Calcutta, challenging the entire proceeding initiated against the petitioners herein including the order dated 12-12-2006, whereby and where under the learned Court below refused to discharge the petitioners who are arrayed as accused in connection with the charge under Section 498A of the Indian Penal Code.

(2) The main contention of the petitioners is that they are no way connected with the husband of the de facto complainant either by blood or by marriage and as such their implication in connection with an offence under Section 498A of the Indian Penal Code cannot be sustained in law.

(3) It is evident from the F. I. R. lodged by 0. P. No. 2 that in the month of February, 1995 she was given in marriage with accused Asok Shaw (non-petitioner in this application). During her stay, she was subjected to cruelty and torture by her husband and by the petitioners herein, mainly over demand of dowry.

(4) In the F. I. R. it is alleged that hus


























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