Dilip Bhowmick & Anr vs Biswanath Dey @ State

This revisional application under Section 482 of the Code of Criminal Procedure is for quashing of proceeding in connection with G.R. Case No.479 of 2018, arising out of Baranagar Police Station Case No.55 of 2018 dated 29th January, 2018, under Sections 376/417/503/34 of the Indian Penal Code, pending before the court of learned Additional Chief Judicial Magistrate, Barrackpore.

Learned advocate for the revisionists has invited attention of this Court to a legal notice dated 13th December, 2017, said to have been served upon the principal accused, who happens to be the son of the revisionists parents, wherein no allegations are alleged to have been attributed against the revisionists.

Relying upon such advocate's letter together with the copy of the F.I.R., the contention of the revisionists is that there is absolutely no materials against the revisionists so as to warrant the prosecution already initiated under Sections 376/417 of the I.P.C. read with Sections 506/34 of the I.P.C.

On the basis of complaint of de-facto complainant, police undertook investigation and submitted charge-sheet making out a case under Section 506/34 of the I.P.C. against the revisionists. The principal accused, who happens to be the son of the revisionists, is said to have committed offence under Sections 376/417/506/34 of the I.P.C.

The allegation against the principal accused is that he enjoyed physical relationship with the de-facto complainant assuring her to marry and the promise ultimately not having been matured, the instant prosecution was initiated. From the certified copy of the lower courts record, it appears that date has been fixed for supply of copy. At the moment, the revisionists are not in possession of the copy of statements already collected against them under Section 161 Cr.P.C. together with statement, if any recorded under Section 164 Cr.P.C. from the victim complainant prosecutrix. In the absence of any materials, it would be very difficult to gather materials if any brought against the revisionists parents so as to rope them under Section 506/34 I.P.C.

Learned advocate representing the State, Mr. Panda submits that at this stage, no positive finding can be reached in the absence of any positive materials being produced favourable to the purpose of revisionists. According to learned advocate for the State whenever the investigating agency made out a case, while submitting charge-sheet under Section 506/34 I.P.C., the investigating agency must have collected some materials so as to make out prima facie case under Sections 506/34 of the I.P.C. against the revisionists.

Upon consideration of the rival submissions, the Court is of the view that the revisionists are not remediless at the moment, because learned trial court is yet to frame charge against the accused persons on the basis of materials, if any collected by the investigating agency during the course of investigation. However, merely looking at the advocate's notice, it would be not wise to quash the proceeding without adhering to the materials, if any collected in course of investigation, like statements recorded under Section 161 Cr.P.C. together with Section 164 Cr.P.C. if any. Since the learned trial court is yet to frame charge against the accused persons, the Court is of the view, that if the revisional case is disposed of by giving following direction that would sub-serve the purpose of justice.

Since there is no palpable irregularity or manifest irregularity in the instant prosecution, the prayer for quashing is refused at this stage.

The revisionists are given liberty to agitate the point, now raises, before the learned trial court at the time of framing charge, and if any point is so raised banking upon the statement under Sections 161/164 Cr.P.C., and the advocate's letter, said to have been served upon the principal accused, the same must be duly addressed to by the learned trial judge giving sufficient opportunity to either of the parties particularly to prosecution by recording a reasoned order after addressing the issue in accordance with law.

Learned Additional Chief Judicial Magistrate, Barrackpore, is further directed to supply the copies to the revisionists as well as the other accused involved in this case expeditiously as possible without granting unnecessary adjournment, unless it is unavoidable, and proceed to commit the case to the court of sessions at an early date.

With this observation/direction, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.