SACHI RANI KUNDU AND ANOTHER v. STATE OF WEST BENGAL AND ANR
CRR/3980/2024 · 2025-02-25
Joymalya Bagchi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41681 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41681 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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D/L16
25.02.2025 Rohit ct.no.28
C.R.R. No. 3980 of 2024
In Re: An application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
And
In Re: Sachi Rani Kundu and Another
Mr. Ayan Bhattacharya
Ms. Sreeparna Das
Mr. Aditya Ratan Tiwary
…for the petitioner
1. Petitioner no.2 is the brother-in-law of the victim lady and petitioner no.1 is his wife. It is alleged that they have been falsely involved in the instant case arising from a matrimonial dispute. They pray for quashing of the proceedings.
2. I have examined the allegations in the impugned First Information Report and the charge-sheet. The allegations against petitioner no.1 and 2 are general and omnibus. Specific incidents of torture are alleged on 16.04.2014 and 13.05.2014. It is alleged on 13.05.2014 petitioner no.1 kicked the victim in the womb and she suffered injury. It is contended that the allegations are
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false and not supported by medical evidence. Credibility or otherwise of the allegations cannot be gone into in exercise of inherent jurisdiction.
3. It is open to the petitioner to improbalise such accusation at the appropriate stage of the proceeding. Accordingly, I am not inclined to interfere at this stage. All issues are kept open.
4. With the above observations, CRR No. 3980 of 2024 stands disposed of.
(Joymalya Bagchi, J.)