KALIDAS MUKHERJEE, J. - (1.) THIS is an application under Section 397/410 read with Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the charge-sheet being No. 135/04 dated 5.8.2004 and the proceedings instituted thereon arising out of Durgapur P.S. Case No. 139/04 dated 16.6.2004 under Section 498A/323/34 of the Indian Penal Code now pending before the Court of learned Additional Chief Judicial Magistrate, Durgapur, Burdwan.
(2.) THE petitioner Sudip Roy is the brother-in-law as mentioned in the F.I.R. The F.I.R. was lodged by de facto complainant alleging that she was subjected to torture by her husband in her matrimonial home. The family members of her father tried for settlement, but to no effect. On 15.06.2004 at night the de facto complainant was severely assaulted and she sustained bleeding injury in her ear. The other accused persons assisted the husband for committing torture upon her. The sister-in-law and her husband reside at 3A/34, S.N. Banerjee Road, Police Station Durgapur, District- Burdwan and the husband takes instruction from them in the matter of committing torture.
(3.) CHARGE-sheet was submitted under Section 498A/323/34 of the Indian Penal Code. The learned Counsel appearing for the petitioner submits that the petitioner resides in a different place and it is evident from the F.I.R. and the charge-sheet. The learned Counsel further submits that in the F.I.R. there is no specific mention about the role played by the accused persons other than husband.;