D/L – 32 07/09/2026 Court No.42 S.Kundu CRR 2302 of 2024 Premendra Biswas Vs. State of West Bengal & Anr. 1. Despite repeated directions on earlier occasions, when the matter was called, the petitioner remained unrepresented today as well. The Opposite parties have also not appeared. 2. The matter since is pending in the docket since 10th June, 2024 without any earnest steps taken by the parties to enter appearance by counsel, it is in the interest of justice that the matter be decided on the basis of the materials already available on record, as such it is taken up for disposal. 3. The petitioner, by the present criminal revisional application under Sections 397, 401 read with Section 482 of the Cr.P.C., prayed for quashing of the proceedings initiated by the Nawapara P.S. Case No. 442 of 2022 dated 15th December, 2022 leading to the G.R. Case No. 12136 of 2022 under Section 498A of the Indian Penal Code against him. 4. In the said G.R. Case No. 12136 of 2022, the learned Trial Judge, by the order dated 18th April 2024, had 2 issued notice to the petitioner upon framing charge under Section 498A of the IPC. 5. The grounds for quashing the aforesaid criminal proceeding are that the impugned FIR and the complaint made against the petitioner suffers from patent illegality, is without jurisdiction and contrary to the provisions of law, and that the learned Trial Judge has committed error in passing the order for issuance of notice against the petitioner. 6. I have perused the written complaint dated 15th December, 2022 made by the opposite party no. 2 upon which the impugned FIR was lodged against the petitioner. The Investigating Officer, upon collecting sufficient evidence against the petitioner, filed the Chargesheet No. 380/2022 on 26th December 2022 under Section 498A of the IPC. 7. It appears from the said Chargesheet that the complainant was married to the petitioner on 21st July 2016 as per Hindu rites and Customs and that post- marriage, the complainant has been subject to incessant physical and mental torture by the petitioner at their matrimonial home. 8. The relevant events leading up to the filing of the complaint are thus; on 14th December 2022 at about 11.45 p.m., the petitioner had abused and beaten up the complainant as well as their son and had ultimately 3 locked them up in the house. The neighbours, after hearing the hue and cry of the complainant, had informed the police, who came to the house and recovered the complainant and her son as well as arrested the petitioner. 9. Upon perusal of the materials already available on record, I am of the prima facie opinion that the materials in the case diary are sufficient to sustain a charge under Section 498A of the IPC against the petitioner, and that there are disputed questions of facts involved in the matter which can only be decided by the Trial Court through a full-fledged trial upon appreciation of the evidence adduced by the parties, as such does not warrant interference of this Court in its revisional jurisdiction. 10. In light of the aforesaid consideration, I find that the revisional application lacks merit and deserves to be dismissed. 11. Accordingly, C.R.R. 2302 of 2024 is dismissed. 12. Interim Order, if there be any, stands vacated. 13. There shall be no order as to costs. 14. Urgent photostat certified copies of this order, if applied for, be supplied to the parties, upon compliance with all requisite formalities. (Uday Kumar, J.)