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2022 Supreme(Cal) 577

AJOY KUMAR MUKHERJEE
Dali Das @ Doli Das – Appellant
Versus
Anandamoy Das @ Anandamay Das – Respondent


Advocates appeared:
Mr. Prabir Kumar Mitra, Mr. Pinak Kumar Mitra, Ms. Subhannita Ghosh Ms. Ariba Shahab, for the Appellant; Mr. Madhusudan Sur, Ld. APP, Mr. Dipankar Paramanick, Mr. Avik Ghatak, Mr. Amit Ranjan Pati, for the Respondent

JUDGMENT

Ajoy Kumar Mukherjee, J. - Present revisional application has been directed against order dated 24.10.2018 for not taking cognizance of offence under section 313 of Indian Penal code (IPC) by the Magistrate and also against order dated 04.03.2019 for framing of charge by the Magistrate against accused persons/opposite party no.1 to 6 herein only under section 498A/34 IPC excluding section 313 in connection with the Barabani Police Station Case No. 50/18 dated 28.05.2018, where accused persons were initially booked under sections 498A/313/34/506 of the Indian Penal code (IPC) corresponding to G.R. No. 1053/18 pending before the Learned Chief Judicial Magistrate, Asansol.

2. Petitioners contention is that police started investigation on the basis of a direction given by learned Magistrate under section 156 (3) of the Code of Criminal Procedure (code) at the behest of petitioner herein.

3. In the said written complain petitioner inter alia alleged about illegal demand of dowry and also about inflicting mental and physical torture by the accused/opposite parties and furthermore she also specifically alleged that after two- three months of her marriage when all the accused persons

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