VARUN GOENKA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
Click here to view full judgement.
KAUSIK CHANDA, J. -
(1.)In view of similar facts and law points involved, these two applications are disposed of by this common judgment. In both the cases, the police have registered the F.I.Rs in connection with the matrimonial offences without embarking upon any preliminary enquiry. The principal grievance of the petitioners in both the cases is that the police ought to have registered an F.I.R. in these cases only after conducting a preliminary enquiry as mandated by the Supreme Court in Lalita Kumari case reported at (2014) 2 SCC 1 (Lalita Kumari v. Government of Uttar Pradesh).
(2.)Opposite party no. 2/de facto complainant in C.R.R. No. 1383 of 2021 married the petitioner/accused on January 28, 2011. It has been alleged by opposite party no. 2 in her F.I.R. that she along with her minor daughter were driven out of her matrimonial house where she was tortured by her in-laws and the petitioner.
(3.)She lodged a complaint before the police on June 10, 2021, and admittedly, on the very same date without embarking upon any preliminary enquiry of the police station case no. 82 of 2021 was registered under Ss. 498A/323/406/506 of the Indian Penal Code, 1860 against the petitioner and other accused persons.
Copyright © Regent Computronics Pvt.Ltd.