IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION Appellate Side Present:

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 3186 of 2022 Basanti Saha Versus The State of West Bengal & Another For the Petitioner : Mr. Sudipto Maitra, Ld. Sr. Adv.

Mr. Gour Baran Sau, Adv.

Mr. Vijay Verma, Adv.

Mr. Dwaipayan Biswas, Adv.

For the State : Mr. Madhusudan Sur, Ld. APP Mr. Manoranjan Mahata, Adv.

Heard on : 21.03.2025 Judgment on : 28.03.2025 Ajay Kumar Gupta, J:

1. The petitioner/accused filed an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) seeking for quashing of the proceedings and the impugned Charge Sheet No. 457/17 dated 26.05.2017 submitted for commission of offence punishable under Sections 417/494/498A/376/406/120B of the Indian Penal Code, 1860 read with Sections 3 and 4 of the Dowry Prohibition Act in connection with G.R. Case No. 213 of 2015 arising out of Raigunj Police Station Case No. 134 of 2015 dated 08.02.2015 pending before the Learned Chief Judicial Magistrate, Raigunj, Uttar Dinajpur.

2. The brief facts of the case are relevant for the purpose of disposal of this case as under: -

2a. The petitioner along with six others were arraigned as accused persons in connection with Raigunj Police Station Case No. 134 of 2015 dated 08.02.2015 for alleged commission of offence punishable under Sections 417/494/498A/376/406/120B of the Indian Penal Code, 1860 read with Sections 3 and 4 of the Dowry Prohibition Act on the basis of a purported written complaint lodged by Opposite Party No. 2/wife of Late Subrata Saha alias Goutam Saha (since deceased).

2b. According to the written complaint, the opposite party no. 2 alleged, inter alia, that the principal accused Subrata Saha while attending a training at Fire Brigade in Raigunj became acquainted with the family of the opposite party no. 2. He falsely claimed to be an unmarried and induced her to marry and by this way, he committed physical relation with the complainant. Ultimately, their marriage was arranged on 24.11.2014. But, after marriage, the accused persons started furious upon her.

2c. The complainant later learned from a family member of the accused that Subrata Saha was already married and had two children. When she asked her husband about such facts then he tried to kill her and threatened her not to open mouth. She returned to her parental house on 31.01.2015 and disclosed the fact to her parents.

2d. On the basis of said written complaint, the aforesaid Raigunj Police Station case was registered and investigation was initiated against the accused persons.

2e. After culmination of investigation, a Charge Sheet No. 457/17 dated 26.05.2017 under Sections 417/494/498A/376/406/120B of the Indian Penal Code, 1860 read with Sections 3 and 4 of the Dowry Prohibition Act has been submitted against the petitioner and others.

2f. Whereas, the contention of the petitioner herein is that she is unmarried sister of Subrata Saha, a school teacher and has been falsely implicated into this case. She has no involvement in the alleged offence as alleged by the opposite party no. 2. No specific allegations particularly the date, time and manner of commission of offence by the petitioner are disclosed in the written complaint. Even, during investigation, no evidence was collected against the present petitioner. Accordingly, the proceeding is a sheer abuse of process of law. Hence, this Criminal Revisional application.

SUBMISSION ON BEHALF OF THE PETITIONER:

3. Mr. Maitra, learned senior counsel appearing along with others counsel on behalf of the petitioner vehemently argued and submitted that although petitioner is the unmarried sister, is a school teacher. The offence punishable under Sections 417/494/376/406/120B of the Indian Penal Code, 1860 read with Sections 3 and 4 of the Dowry Prohibition Act are not at all applicable against the present petitioner. The principal accused, Subrata Saha expired on 21.12.2019 after filing the c