- (1.) The present case arises out of an application under Sections 397/401/482 of the Code of Criminal Procedure, 1973.
(2.) It relates to a prayer for quashing the case being G.R. No. 275 of 2003 (Arambagh Police Station F.I.R. No. 145 dated 23.7.2003 under Sections 147/323/325/498A/302/304B/120B/34 of the Indian Penal Code).
(3.) The backdrop of the present case may briefly be stated as follows :- On 16th October, 2002 one Mansur Ahmed Middya lodged a complaint before the Sahapur Police Station, Belgaum against the petitioner No. 1, Sk. Abdus Samim. He alleged that his sister, Mumtaz Begam, was married to Sk. Abdus Samim. The couple had a daughter, named Shamima Parveen. Since marriage, his sister, Mumtaz Begam, was subjected to physical and mental torture and her husband used to threaten her by saying that he would marry for the second time. For these reasons her sister used to get upset and during her visits to the complainant's family, she used to express her frustration. The complainant and others used to persuade her to return to her husband at Belgaum. On 13.10.2002, at about 8.30 a.m., the complainant got information that his sister, Mumtaz Begam, had committed suicide. He was put into terrible , shock and requested that the dead body should not be buried. On 15.10.2002 at about 4 p.m. the complainant reached the room where post mortem of her sister was held. He requested the Police Authorities to enquire into the matter and take steps in accordance with law as he felt that the husband of the deceased was responsible for such death. On the basis of a written complaint lodged before the Sahapur Police Station, a case being Sahapur Police Station Crime No. 126/2002 dated 16.10.2002 under Sections 498A/306 I.PC. was started against the said Sk. Abdus Samim. He was arrested and was subsequently released on bail. After completion of investigation, charge sheet was submitted against him on 26th November, 2002 under Sections 498A/306; Indian Penal Code. Long after that the present complaint was filed implicating all the family members of the in laws as well as others before the learned Court of Sub-Divisional Judicial Magistrate, Arambagh, Hooghly under Sections 147/323/325/498A/302/304B/120B/34, I.PC. on 11.11.2002. In the said complaint it was alleged that his younger sister, Mumtaz Begam, was married to present petitioner No. 1. In the said marriage Den-Mohar was fixed at Rs.11,000/- and a sum of Rs.40,000/- was given to him in cash. Gold ornaments worth Rs.35,000/- was also given at the time of marriage. After marriage his sister was living in the house of her husband. For some time after the marriage, her husband and others used to behave nicely with his sister. But, subsequently, there was a change in the complexion and they started making demands for more and more money and articles. As such demands were not met, the sister of the complainant was abated by all the petitioners to commit suicide. It was alleged that his sister was also subjected to physical assaults. The complainant got the information of the death of his sister on 14.10.2002. He went to Arambugh Police Station. Information was lodged being G.D. No. 755 dated 14.10.2002. He was further advised to rush to Sahapur Police Station at Karnataka. The complainant alleged that all the accused persons, named in the complaint, conspired in the commission of murder of his sister and it was in pursuance to demand of dowry.;