- (1.) The Judgment of the Court was as follows : This revisional application has been preferred under Section 482 of the Cr.P.C. praying for quashing of the proceeding being Sessions Case No. 44 of 2006, as pending in the Court of learned Additional Sessions Judge, Fast Track Court, Durgapur.
(2.) Case of the petitioners is that Coke Oven P.S. case No. 83 dated 5.7.2001 was registered on the basis of a complaint lodged by one Laxmi Kanta Dutta alleging therein that Dolly Das, his younger sister, was married with one Utpal Shyam on 4.9.1994. After the marriage Dolly was subjected to mental and physical torture by her husband. Out of the said wedlock Dolly gave birth to two female children. In the meantime, Utpal developed an extra marital relationship with one Pushpa Sukul. Over this affairs, Utpal used to torture and threaten Dolly. Said Pushpa Sukul threatened Dolly over telephone and instigated her to commit suicide. In the said petition of complaint it has further been alleged that Dolly was subjected to torture in the absence of the parents of Utpal by the petitioners. In the morning of 4.7.2001 Dolly was subjected to physical torture by her husband when he also threatened her with murder along with her daughters. On that very day Dolly left the house and committed suicide along with her two minor daughters on 5. 7. 2001.
(3.) On the basis of the said complaint the police case was started and after completion of the investigation, the Investigating Officer submitted charge- sheet under Sections 498A/306/120B of the Indian Penal Code against the petitioners and against the husband Utpal. On 30.10.2006 the petitioners filed an application before the learned Judge praying for their discharge on the ground that the petitioners are not the members or relatives of the deceased and there was practically no allegations of torture upon the deceased by the petitioners and as such, as there is no prima facie case against them, so they should be discharged. By the learned Additional Sessions Judge, by his order dated 21.11. 2006 rejected the said petition.;