1713/2010 on 17 June, 2010

Calcutta High Court (Appellete Side)

1713/2010 on 17 June, 2010
Author: Ashim Kumar Roy
7.06.2010

107) CRR No. 1713 of 2010 In re : Sri Samar Biswas & Ors. ... Petitioners Mr. Arup C. Chatterjee Mr.
Amit Kumar Ghosh ... for the petitioners Mr. Sobhendu Sekhar Roy ... for the State Heard Mr. Arup
C. Chatterjee, Learned Counsel, appearing with Mr. Amit Kumar Ghosh, on behalf of the petitioners,
Mr. Achin Jana, Learned Counsel, appearing on behalf of the opposite party no. 2, as well as Mr.
Sobhendu Sekhar Roy, Learned Counsel, appearing on behalf of the State. Perused the case diary
relating to the Bally Police Station Case No. 151 of 2010 dated 5.5.2010 under Section 498A of the
Indian Penal Code as well as the case diary relating to the Amherst Street Police Station Case No.
105 of 2010 dated 30.4.2010 under Sections 498A/406/34 of the Indian Penal Code.

Mr. Chatterjee, Learned Counsel, appearing on behalf of the petitioners, draws the attention of this
Court to the allegations made in the First Information Report of the aforesaid two cases.

Now, having gone through the said two FIRs, I find in the FIR lodged at Amherst Street Police
Station, which is first in point of time, it was alleged that after marriage she was tortured both
physically and mentally by the members of her in-laws family on demand of money for purchasing a
flat and on her failure to fulfil the demand of the accuseds she was driven out from her matrimonial
home. But some days thereafter she returned to her matrimonial home with the expectation that in
future there would be no problem, however, torture upon her became more aggravated and finally
she left her matrimonial home on April 28, 2010, after lodging an FIR at Amherst Street Police
Station. Whereas from perusal of the second FIR recorded at the Bally Police Station, I find the
same was lodged by the father of the victim girl on May 5, 2010. In the said FIR although there has
been a specific reference about the lodging of the FIR under Sections 498A/406/34 of the Indian
Penal Code at Bally Police Station, but it was his further case that after coming back to her parents'
home, she tried to commit suicide by setting her on fire.

Now, Mr. Chatterjee is submitting before this Court that since over the allegations of torture upon
her at the matrimonial home a First Information Report has been registered under Sections
498A/406/34 of the Indian Penal Code at Amherst Street Police Station, the subsequent registration
of another FIR for the selfsame offence at Bally Police Station is wholly illegal and is not
maintainable.

However, Mr. Achin Jana, Learned Counsel, appearing for the opposite party no. 2, submitted
before this Court that after lodging of the FIR at Bally Police Station on May 5, 2010, she succumbed
to her injury and accordingly a prayer for addition of Section 306 of the Indian Penal Code has been
made before the Court below by the Investigating Officer of the case.

Mr. Sobhendu Sekhar Roy, Learned Counsel, appearing for the State, also submitted that the victim
girl has already expired and the Investigating Officer of this case has made a prayer before the Court
concerned for adding Section 306 of the Indian Penal Code in connection with Bally Police Station

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 1713/2010 on 17 June, 2010

Case No. 151 2010, which is now pending before the Court of the Learned Chief Judicial Magistrate,
Howrah, being G.R. Case No. 1782 of 2010.

Although it is true that over the alleged cruelty caused to the victim girl a case under Section 498A
has been registered at Amherst Street Police Station, and as such there cannot be a second FIR over
the selfsame allegations at the Bally Police Station, however, the second FIR has been registered at
Bally Police Station on completely different allegations. In the said FIR although the facts of torture
upon her by the members of her in-laws family while she was at her matrimonial home has been
referred to, but such FIR was lodged after the victim girl tried to commit suicide by setting her on
fire. Now, having regard to the facts that she has succumbed to her injuries, the police has made a
prayer for adding Section 306 of the Indian Penal Code in connection with second FIR registered at
Bally Police Station and as she has committed suicide within the limits of the Bally Police Station,
there cannot be any legal impediment for the police to undertake investigation relating to the
offence punishable under Section 306 of the Indian Penal Code in connection with the said case.

In view of above, there is no question for quashing of the FIR registered at Bally Police Station. I do
not find any merit in this Criminal Revision and hence the same stands dismissed.

Criminal Section is directed to supply the urgent Photostat certified copy of this order to the parties,
if applied for.

(Ashim Kumar Roy, J.)

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