DEBALINA DASGUPTA Vs. THE STATE OF WEST BENGAL
LAWS(CAL)-2010-2-158
HIGH COURT OF CALCUTTA
Decided on February 22,2010

Debalina Dasgupta Appellant
VERSUS
The State Of West Bengal Respondents

JUDGEMENT

Asim Kumar Roy, J. - (1.) Invoking Sec. 482 of the Code of Criminal Procedure, the petitioner challenged an order whereby the Learned Trial Court rejected her plea for discharge and came to a conclusion that there are sufficient materials for framing of charge against her with the accused/husband and his seven relatives under Ss. 498A/304B of the Indian Penal Code with the aid of Sec. 109 of the Code of Criminal Procedure.
(2.) Heard the learned advocates appearing on behalf of the parties. Perused the Case Diary containing the charge -sheeted materials.
(3.) In support of this application for quashing it has been contended as follows; (a) The petitioner has not been named in the FIR. (b) It is the allegation that due to ill -treatment on demand of dowry the victim committed suicide, but there is no allegation that due to an alleged extra -marital affairs with the petitioner she committed suicide. (c) On the allegation that the husband has an extra -marital affairs with the petitioner, his office colleague and the husband and his other relations insisted the victim to give him divorce to enable him to marry the petitioner, no offence can said to have been made out justifying framing of charge against her.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.