Subrata Mazumder and Another v. State of West Bengal and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Cal) 34

CALCUTTA HIGH COURT
, J
Subrata Mazumder and Another v. State of West Bengal and Another

Advocates:
For the Appellants/Petitioners: Not listed
For the Respondents: Not listed

Table of Content
1. initial facts leading to the challenge of discharge application. (Para 1 , 2 , 3 , 4)
2. arguments on the inapplicability of alleged cruelty. (Para 5 , 6 , 7)
3. court's view on evidential standards and continuity of the case. (Para 8 , 9 , 10 , 11)
4. final ruling on the discharge application. (Para 12 , 13)

1. In this case the two petitioners, who are the accused persons in BGR Case No. 1719 of 2004 arising out of Regent Park P.S Case No. 76 of 2004, dated 03.05.2004 under S.498A / 406 of the Indian Penal Code , have challenged the order passed by the Learned Judicial Magistrate 1st Court, Alipore, South 24 - Parganas on 28.10.2014. By virtue of the impugned order an application field by the petitioners for being discharged in the case was rejected, and the matter fixed for framing of charge.

2. It may be mentioned that charge - sheet in the case was submitted against the petitioners who are the husband and mother - in - law respectively of the defacto - complainant / opposite party no. 2.

3. Their contention is that the FIR lodged against them, as well as the charge - sheet subsequently submitted were untenable as no offences under S.498A / 406 of the IPC were mad