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RAI CHATTOPADHYAY
Santosh Gorai – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1. An order of the Sessions Judge, Purulia, dated August 8, 2016, in Sessions Case No. 32/2016, is under challenge in this revision. The order inter alia has rejected petitioner’s prayer for further investigation.
2. Severe burn injuries and consequent hospitalization of his sister prompted the present petitioner, to lodge a FIR, being Balarampur P.S Case No. 60/2015 dated 30.09.2015, under Sections 498A/326/307/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. Subsequent death of her, had led Section 302 of the IPC, to be added in the array of charges, against the accused persons/opposite parties. Charge sheet was submitted by police on December 31, 2015. That was submitted against the husband under Section 302, 304B and 498A of the IPC and Section 3 and 4 of the Dowry Prohibition Act. Against the rest of the FIR named accused persons, police could found materials of offence under Section 498A of the IPC and Section 3 and 4 of the Dowry Prohibition Act and only those were alleged against all the rest of the FIR named accused persons, excepting the husband.
3. The Court took cognizance of offences on January 3, 2016. The case was thereaft
The judgment emphasized the rights of the informant, the duty of the police to inform the informant about the result of the investigation, and the need for the informant to be heard before the court ....
The informant's right to be heard before a Magistrate is context-dependent, not absolute, and does not invalidate proceedings if not provided.
The duty of the investigating officer to communicate the filing of the charge-sheet to the complainant is mandatory under Section 173(2)(ii) of Cr.P.C., and the absence of prescribed mode and manner ....
The right to be heard in criminal proceedings must be balanced with potential abuse of legal provisions in domestic disputes, particularly concerning distant relatives not substantially involved in t....
(1) Merely because list of witnesses was not filed alongwith protest petition, it cannot be said that protest petition cannot be treated as a complaint.(2) Fair, just and proper investigation is esse....
The complainant's right to seek further investigation under Section 173(8) of the Code of Criminal Procedure, 1973, should not be misused by filing repeated applications without fresh material, and t....
There is no legal bar against further investigation. Section 173(8) of Criminal Procedure Code does not restrict reopening of the case in which charge-sheet has already been submitted and cognizance ....
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