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2022 Supreme(Cal) 1253

SHAMPA DUTT PAUL
Subrata Dash – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
A.K. Bhattacharyya, Advocate, Sanjib Kumar Mukhopadhyay, Advocate, Aparupa Bhattacharya, Advocate, P.K. Datta, Advocate, Md. Kutubuddin, Advocate, K. Gupta, Advocate, M. Gangopadhyay, Advocate, A. Basu Chowdhury, Advocate

JUDGMENT

Shampa Dutt (Paul), J. - The revisional application has been filed by petitioner/husband praying for quashing of Titagarh Police Station Case no. 154/2021 under Section 498A/406/120B of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Barrackpore filed by the opposite party no. 2.

2. The petitioner's case is that he is a permanent resident of Hongkong since 2013 and is staying outside India since 2006 for the work. The petitioner along with the opposite party no. 2 never resided within the jurisdiction of Barrackpore except on 29th November, 2002 when their marriage was solemnized. No torture was inflicted upon the opposite party no. 2/wife. The ingredients required to constitute the offence as alleged are not present in this case and as such the petitioner is not liable to be prosecuted in the case under reference. The opposite party has not filed any medical document in support of her complaint. It is the further case of the petitioner that the jurisdiction under Section 177 of the Code of Criminal Procedure, 1973 provides 'every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was commi

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