JUDGMENT

Bibek Chaudhuri, J. - In connection with Alipore Police Station Case No.15 of 2021 under Sections 304B/498A/406/34 of the IPC, the Investigating Officer submitted charge-sheet against one Kushal Agarwal, Naresh Agarwal and Smt. Neelam Agarwal. Smt. Neelam Agarwal and Naresh Agarwal are the petitioners before this Court. They have filed the instant criminal revision challenging the order dated 11th August, 2022 passed by the learned Chief Judicial Magistrate at Alipore taking cognizance of offence punishable under Sections 304B/498A/406/34 of the IPC against the petitioners and their son Kushal Agarwal. The petitioners have also challenged the legality and propriety of the aforesaid order passed by the learned Chief Judicial Magistrate at Alipore issuing warrant of arrest against the petitioners after taking cognizance of offence on the basis of the police report/charge-sheet filed by the Investigating Officer.

2. It is pertinent to mention at the outset that marriage of one Rashika Jain was solemnized with the above named Kushal Agarwal on 9th February, 2020. It is alleged that Rashika Jain was subjected to physical and mental cruelty and harassment by her husband and parents-in-law on demand of dowry since her marriage. She was not even provided with necessary medical treatment by her husband and matrimonial relations as advised by the doctor. Failing to bear such physical and mental torture, Rashika Jain had met with an unnatural death within one year of her marriage on 16th February, 2021. After the death of Rashika, her father lodged a written complaint in the jurisdictional Police Station that gave rise to registration of FIR Case No.15 of 2021 dated 17th February, 2021 against the petitioners and their son Kushal Agarwal.

3. Indisputably, initial investigation was being conducted by a Police Officer attached to Alipore police station in different and lackadaisical manner. The defacto complainant being the unfortunate father of the deceased lady finally approached this court under Article 226 of the Constitution of India for a direction upon the police authority so that the investigation might be concluded to its logical end.

4. This court on perusal of the case diary and other connected materials directed formation of a Special Investigation Team (SIT) under the supervision of the Special Commissioner of Police (II), Kolkata. Within 11 days of formation of SIT, charge-sheet was submitted by the police against the accused persons.

5. It is also important to mention that while challenging the very basis of the case, i.e., order of cognizance taken by the learned Chief Judicial Magistrate vide order dated 11th August, 2022, the petitioners filed another application before the learned Sessions Judge at Alipore praying for anticipatory bail. Prayer for anticipatory bail of the petitioners were rejected by the learned Sessions Judge, Alipore on 21st September, 2022.

6. Mr. Sandipan Ganguly, learned Senior Counsel on behalf of the petitioners at the outset draws my attention to Sub-Section (5) of Section 173 of the Code of Criminal Procedure. The provision runs thus:-

'Sub-Section 173. Report of police officer on completion of investigation.- (1)...

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report-

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses.'

7. It is submitted by the learned Senior Counsel on behalf of the petitioner that Section 173 of the Cr.P.C makes imperative for the Police Officer investigating into a cognizable offence to submit along with his report under Section 173(2), documents purporting to furnish evidence collected in course of the investigation and the statements of the witnesses an