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TIRTHANKAR GHOSH
Debasish Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
TIRTHANKAR GHOSH, J.
1. The present revisional application has been preferred by the petitioner challenging the continuance of Durgapur Police Station Case No. 189 dated 03.05.2022 wherein the investigating agency on conclusion of investigation submitted charge-sheet under Section 498A/304B/406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
2. The investigating agency in the charge-sheet has implicated 14 accused persons which includes the husband, father-in-law, mother-in-law, sister-in-laws (under both categories sisters of husband and wife of the brothers of the husband), elder brother of the father-in-law and his wife as also father of the wife of one of the brother-in-law.
3. The petitioner before this Court happens to be Debasish Mondal who is the father of Riya Mondal and the said Riya Mondal happens to be the wife of Arup Mondal who is brother of the deceased’s husband.
4. The present case being Durgapur PS Case no. 189/2022 dated 03.05.2022 was registered for investigation under Sections 498A/304B/406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, on the basis of a letter of complaint addressed to the Officer-in
Specific instances of involvement in alleged crimes are necessary to proceed against distant relatives in cases of matrimonial disputes and dowry deaths.
Point of Law – Dowry Demand – Quash of FIR against husband relatives, they did not share the matrimonial home at any point of time.
Specific allegations and particularization of the role of each accused are essential in complaints related to matrimonial disputes to avoid misuse of the process of law and potential harassment of re....
Vague and general allegations against distant relatives in dowry cases are insufficient for prosecution; specific evidence is required to implicate them.
Specific allegations are required to sustain charges under the Dowry Prohibition Act and Section 498A IPC against relatives of the husband; vague and omnibus allegations are insufficient.
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