ANIMA GHOSH Vs. STATE OF WEST BENGAL
LAWS(CAL)-2010-8-78
HIGH COURT OF CALCUTTA
Decided on August 02,2010

ANIMA GHOSH Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

- (1.)This revisional application has been directed against the order passed by the learned Chief Judicial Magistrate, Dakshin Dinajpur, Balurghat on 4.4.2009 in G.R. case No. 160/2009, whereby the learned Chief Judicial Magistrate concerned rejected the petition of the defacto-complainant, the present petitioner, praying for necessary order after setting aside the impugned order.
(2.)It is the case of the petitioner as defacto-complainant of the said G.R. Case No. 160/2009 arising out of Balurghat police station case No. 72 dated 27.02.2009 that she was married with the opposite party No. 2 on 13.05.2007 according to Hindu Rites and Customs and at the time of her marriage her brothers gave cash, gold ornaments and various other items to the opposite party Nos. 2 and 3, who are teacher and retired headmaster respectively. While the petitioner was living in her matrimonial home after marriage, then the opposite party No. 2 used to assault her physically and tortured her mentally to which the opposite party No. 3 did not protest. Due to the said assault and torture the petitioner became unconscious on 23.02.2009 at about 9.30 P.M. and thereafter she admitted herself into the hospital while her stridhan articles were retained at her matrimonial home. She lodged a complaint at Balurghat Police Station. In pursuance of a First Information Report of the petitioner investigation was made by police authorities, but in the course of investigation police authorities did not take any step for recovery of stridhan articles of the petitioner and the police authorities did not examine various vital witnesses including Doctor, who examined the petitioner, nor cited them as witness, and did not take any step for seizure of medical documents like admission slip, discharge slip, injury report etc. relating to treatment of the petitioner from Balurghat Hospital where the petitioner remained admitted. After completion of a mala fide and misconceived investigation the Investigating Officer of the Balurghat Police Station submitted a report in final form vide Charge sheet No. 65 dated 13.03.2009 under Section 498A/34 only of Indian Penal Code against the opposite party Nos. 2 and 3. The Investigating Officer of Balurghat Police Station did not inform the petitioner about the result of that investigation. As no proper investigation has been conducted by the police authorities the petitioner filed an application in the Court of learned Chief Judicial Magistrate, Dakshin Dinajpur, Balurghat on 25.03.2009 praying for reinvestigation into the matter, but that petition was rejected by the learned Chief Judicial Magistrate, Dakshin Dinajpur, Balurghat on 04.04.2009 after hearing the parties. Hence this revisional application.
(3.)The opposite party No. 1 State of West Bengal is contesting the case through learned P.P. Though initially Mr. P.S. Bose, learned Advocate appeared for opposite party Nos. 2 and 3 vide order serial No. 282 dated 17.06.2009, yet subsequently none appeared to contest this case on behalf of opposite party Nos. 2 and 3.


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