AMIT DAS & ORS. Vs. THE STATE OF WEST BENGAL & ANR.
LAWS(CAL)-2013-7-153
HIGH COURT OF CALCUTTA
Decided on July 09,2013

Amit Das And Ors. Appellant
VERSUS
The State Of West Bengal And Anr. Respondents

JUDGEMENT

Toufique Uddin, J. - (1.) THIS revision arose out of prayer for quashing of the case being No. 5C of 2003 against the present petitioners by the complainant as well as the order dated 18.10.2004 passed by the learned Sub -Divisional Judicial Magistrate, Tamluk in case No. 5C of 2003 against the petitioners. In the background of this matter the fact in a nutshell is that the opposite party No. 2 filed a complaint petition in the court of the learned Chief Judicial Magistrate, Midnapore against the petitioners and opposite party Nos. 3 to 8. The case was registered as M.P. case No. 252 of 2002 to the effect that the complainant married Purnima Bhowmick daughter of late Indu Bhusan Bhowmick of Village Podumkhana, P.O. Dakshin Srikrishnapur, P.S. Nandakumar, District Purba Medinipur and the marriage between the complainant and said Purnima Bhowmick was solemnized on 13.12.2000, according to Hindu Rites. The complainant's wife was in service of West Bengal Health department as a Health Assistant of modified Leprosy Census Unit, Tamluk, posted at Deuli Sub -centre, Moyna.
(2.) THE accused Nos. 2, 5, 6 and 8 are the sister -in -law of the complainant i.e., the married sister of the complainant's wife Purnima Bhowmick and the accused Nos. 1, 3 and 7 are the Brothers -in -law of the complainant i.e., the husbands of the accused Nos. 2, 5, 6 and 8 respectively. The accused no. 4 is the son of the accused No. 3. The accused Nos. 9, 10, 11 and 12 are the associates of other accused. After a few months of marriage it was detected that the complainant's wife was suffering from illness and ultimately it was diagnosed through C.T. Scan and other Clinical tests that she was suffering from Cancer.
(3.) THE complainant got his wife admitted in Christian Medical College and Hospital at Vellore on 7.4.2001. The patient was required to stay there for about six months for her treatment. In the meantime, the complainant came back from Vellore on 15.4.2001. After coming back from Vellore the complainant regularly kept information of the wife through telephone in the lodge at Vellore where accused Nos. 1 to 8 were staying in the lodge. After some days, the complainant did not get any news of his wife as the accused No. 1 to 8 left the same. On suspicion the complainant immediately rushed to Vellore and he came to know that the accused no. 1 to 8 after getting the complainant's wife released from hospital at Vellore, had taken to their house. When the complainant went there at the house of accused No. 1 and 3, he was manhandled. The accused Nos. 3, 4 and 7 and others were taking away the belonging of the complainant and complainant's wife from the house at Daharpur, Tamluk.;


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