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2023 Supreme(Cal) 624

ANANYA BANDYOPADHYAY
Ajoy Barman @ Ajay Kumar Barman – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Arijit Ghosh.
For the Respondents: Mr. Aditishankar Chakraborty, Mr. Biswarup Roy.

JUDGMENT :

(Ananya Bandyopadhyay, J.) :

1. The petitioners have filed the instant criminal revisional application seeking for a direction to quash the proceedings of Women Police Station, Jalpaiguri Case No 52 of 2019, dated 20.05.2019 filed under Section 498A of the Indian Penal Code, 1860 read with Sections 3/4 of the Dowry Prohibition Act, 1961 (Corresponding to G.R. Case No 1790 of 2019) pending before the court of the Ld. 1st Judicial Magistrate at Jalpaiguri.

2. The Ld. Trial Court as aforesaid took cognizance of the case cited above based on the complaint filed by the opposite party no. 2 inter alia alleging physical and mental torture supplemented by demand of dowry by the petitioners including the husband of the opposite party no. 1.

3. Investigation through the formal FIR drawn on 20.05.2019 ended in submission of charge sheet on 31.07.2019 against the petitioners and the co-accused persons under section 498A of the Indian Penal Code 1860, read with Sections 3/4 of the Dowry Prohibition Act, 1961.

4. The Ld. Advocate for the Petitioners and the Ld. Advocate for the State submitted their rival contentions.

5. Sections 498A of the Indian Penal Code states as follows:

    498A.

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