Back
SHAMPA DUTT (PAUL)
Sikha Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for setting aside of the Judgment and Order dated 06.03.2019 passed by the Learned District and Sessions Judge, 1st Court, Serampore at Hooghy in Criminal Appeal No. 23/2016, thereby affirming the Judgment and Order of acquittal dated 26.08.2015 passed in connection with G.R. Case No. 37 of 2007 arising out of Dankuni Police Station Case No. 9 of 2007 dated 15.01.2007 registered for investigation into alleged offences punishable under Sections 498A/323 of the Indian Penal Code, 1860 passed by the Learned Judicial Magistrate, 1st Class, 2nd Court, Serampore thereby acquitting the opposite party no.2 herein from the charge under Section 498A of the Indian Penal Code.
2. The revision is thus against an order of acquittal passed by the Trial Court and affirmed by the Appellate Court.
3. The petitioner/de facto complainant’s case is that pursuant to an application under Section 156(3) of the Code of Criminal Procedure before the Learned Additional Chief Judicial Magistrate at Serampore filed by the petitioner and the direction to the Dankuni Police Station by the Learned Magistrate to investigate into t
The judgment established the importance of specific evidence and cautioned against general omnibus allegations in matrimonial disputes, emphasizing the potential misuse of Section 498A IPC and the ne....
The judgment emphasizes the need for specific allegations in cases involving Section 498A of the Indian Penal Code and cautions against false implications by way of general omnibus allegations.
The court emphasized the necessity of specific allegations in Section 498A IPC cases to prevent misuse and quashed proceedings lacking prima facie evidence.
The court established that specific allegations are necessary to sustain a charge under Section 498A IPC, preventing misuse of the provision in matrimonial disputes.
The judgment established the importance of scrutinizing allegations in matrimonial cases and cautioned against implicating relatives of the husband without specific evidence.
The court held that the ingredients required to constitute the offences under Sections 498A/406/506 of the Indian Penal Code are clearly absent in the present case and the allegations are general and....
The judgment established the importance of specific allegations and cautioned against implicating relatives of the husband without prima facie evidence in cases under Section 498A of the Indian Penal....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
