SUDIP AHLUWALIA, J. - (1.) The Petitioner No. 1, who is a resident of Kalimpong in the District of Darjeeling is the husband of deceased Mridula Dutta, while the other two petitioners are his widowed mother and brother, both residents of 143/1, R.N. Guha Road, P.S. Dum Dum, Kolkata -74.
(2.) The FIR being Dum Dum P.S. Case No. 596 dated 06.09.2012 was drawn against them on the basis of a complaint filed by the Opposite Party No. 2 Abhijit Boral, brother of the deceased Mridula Dutta.
(3.) The gist of the allegations made in the FIR is that the deceased Mridula Dutta (Nee Boral) was married to the petitioner No. 1 on the 12th of August, 1991. She thereafter shifted to her matrimonial house at Kalimpong in the District of Darjeeling. According to the complaint, she was subjected to physical and mental torture by the members of her in -laws family including her husband, and some demands of dowry were made to the complainant. It is also mentioned in the petition of complaint that the deceased Mridula Dutta was suffering from a prolonged backbone illness, but that the petitioners particularly her husband exhibited a callous and casual attitude, and appeared not to be willing to take up her treatment seriously. They are also alleged to have demanded money from the complainant's side for bearing her medical expenses. The complainant allegedly paid an amount of Rs. 10,000/ - to the petitioner No. 1 to meet the incidental expenses, but the petitioners abused him for giving such paltry amount. His wife i.e., deceased Mridula Dutta was released from "Saviour Clinic" where she had undergone an operation, on the 21st of July, 2012, after having been admitted there earlier on the 5th of July. In this connection the allegation of the complainant is that after being released from the Nursing Home the deceased was taken to the residence of the Petitioner Nos. 2 and 3 at 143/1, R.N. Guha Road, P.S. Dum Dum, Kolkata 74. The complainant with his younger sister visited her in that house and found that an attendant had been kept to look after her, but she was not being attended property. The Petitioners are thereafter alleged to have used rough and filthy language towards the complainant and his younger sister. Thereafter it has been alleged that on 30.07.2012 the deceased was admitted to one 'Jeevan Sathi Old Age Home' under Kalyani P.S. without informing the complainant or his family. The petitioner No. 1 is thereafter alleged to have left for his permanent residence at Kalimpong. On 08.08.2012 the complainant learnt that his sister has expired in the Old -age - Home. He has therefore alleged that the petitioners family had acted callously by sending the victim to an Old -age -Home instead of a Hospital. He therefore filed the complaint subsequently which was drawn upon U/Ss. 498A/304A/406 and 34 of the IPC.;