MALAY KUMAR BASU, J. ( 1 ) THIS is an application under Section 482, Cr. P. C. filed by Naresh Ch. Saha and Smt. Priyalata Saha against Smt. Kalpana Saha (O. P. No. 2) and the State of West Bengal (O. P. No. 1) for quashing of the Criminal proceeding being G. R. case No. 966 of 1998 pending before the Court of Sub-Divisional Judicial Magistrate, Srerampore under Section 498 (A), I. P. C. The case of the petitioners is that Smt. Kalpana Saha lodged a complaint under Sections 498 (A) and 406, I. P. C. before the S. D. J. M. , Srerampore alleging that her husband and the in-laws who are the accused persons in the complaint, were perpetrating tortures, both physical and mental, upon her in various ways. The learned S. D. J. M. sent this complaint to police under Section 156 (3), Cr. P. C. for investigation and submission of report. Thereafter a charge-sheet was submitted by police after investigation in that case against the accused persons including the two petitioners of the present case under Section 498 (A), I. P. C. on the ground that a prima facie case under that section had been made out from the materials collected during the investigation. Upon receipt of this charge-sheet the learned S. D. J. M. by his order dated 16-1-99 took cognizance of the offence against all the accused persons and went ahead with the trial of all the accused persons. ( 2 ) THE present petition has been filed by two of the accused persons challenging the order under which cognizance has been taken by the learned Magistrate as well as the entire criminal proceedings as illegal and unsustainable for the reason that the story as depicted in the complaint is patently absurd and inherently improbable and secondly in the order dated 16-1-99 mentioned above the learned Magistrate while taking cognizance of the offence has not made any whisper as to whether the documents referred to under Section 173 (5), Cr. P. C. had been submitted by the I. O. along with the charge-sheet or not and therefore in view of the established legal position, the impugned proceeding suffers from illegality and hence is liable to be quashed. ( 3 ) THE O. P. No. 2, Smt. Kalpana Saha, has not appeared. P. C. had been submitted by the I. O. along with the charge-sheet or not and therefore in view of the established legal position, the impugned proceeding suffers from illegality and hence is liable to be quashed. ( 3 ) THE O. P. No. 2, Smt. Kalpana Saha, has not appeared. The application has been contested by the O. P. No. 1, the State of West Bengal. ( 4 ) BY a series of judgments, the Apex Court has laid down the principles which should govern the quashing of a criminal proceeding at an interlocutory stage. In AIR 1970 SC 786 , it has been held that the High Court will quash the proceeding if the allegations even when accepted as true do not establish any offence, or, where an offence is established, if the allegations are believed, there is no evidence at all to support the allegations, or if there is any legal bar, for example, want of sanction or lack of jurisdiction, etc. It has been further held that while exercising this jurisdiction, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not, because that is the function of the trial Magistrate. ( 5 ) LET us see in the light of these principles whether in the present case, the impugned proceedings are liable to be quashed as prayed for by the petitioner-accused. ( 6 ) IN this case, the FIR contains the allegations that the accused persons including the husband and in-laws of the complainant used to torture her both physically and mentally and even to the extent of physically assaulting her causing injuries on her body, so much so, that she had to undergo medical treatment. On the basis of this FIR, an investigation has already been conducted by the police and a charge-sheet has been submitted where the investigating officer has stated that a prima facie case under Section 498-A of the Indian Penal Code has been made out against all the accused persons from the materials collected by him. ( 7 ) THE case diary containing the statements recorded under Section 161, Cr. P. C. and other documents have been produced before this Court. From there, I find that the report of the Investigating Officer is in consonance with the materials collected as contained in the case docket. ( 7 ) THE case diary containing the statements recorded under Section 161, Cr. P. C. and other documents have been produced before this Court. From there, I find that the report of the Investigating Officer is in consonance with the materials collected as contained in the case docket. The statements of the witnesses appear to have consistently supported the allegations of the FIR, prima facie. At this stage, nothing more is required. This Court cannot turn itself into a forum for enquiring into the allegations levelled by the accused persons or the truth or falsity of the defence case which is a function of the trial Magistrate. ( 8 ) MR. Banerjee the learned Advocate for the petitioners/accused has argued that the ingredients which have been disclosed from the materials, at the most, may constitute an offence under Section 323 of the Indian Penal Code simpliciter, but not under Section 498-A of which the Court below has taken cognizance of. According to him, an offence to be under Section 498-A, I. P. C. it is required that the alleged tortures should be related to some demands of dowry which, in this case, is totally conspicuous by its absence. But, on a careful perusal of the provision of this section, I do not find any whisper of such a definition within its four corners. It lays down that whoever, being the husband or the relative of the husband of a woman subjects such woman to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. In the Explanation (a), it is provided that any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman, or (b) harassment of the woman--where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. Thus, if these elements of unlawful demand for any property, etc. Thus, if these elements of unlawful demand for any property, etc. are absent in the alleged cruel treatment perpetrated on the wife, there will be no set back to the fulfilment of the ingredients of the section, in view of the provisions of clause (a) to Section 498-A. Therefore, an offence which otherwise would have been under Section 323, I. P. C. simpliciter will be converted into one under Section 498-A, I. P. C. when it is committed by the husband or the in-laws upon the wife even if such cruel treatment is absolutely unrelated with any kind of demand for dowry. As I have already pointed out above, the materials, namely, Section 161 statements and other documents collected by the Investigating Officer during investigation and produced before this Court, sufficiently, prima facie, disclose the ingredients of the offence under Section 498-A of the Indian Penal Code and at this stage it will not be legally permissible for this Court to usurp the functions and powers of a Magistrate and put an end to the proceeding at this initial stage. The law should be allowed to take its course and should be given a free run and the question whether the defence case has got any substance, or, whether in the light of the same, the prosecution charge suffers a set back, is to be judged by the trial Magistrate after taking evidence during the trial and not before that. ( 9 ) IN the result, I do not find any merit in the application which stands dismissed. The trial of the case do proceed expeditiously. ( 10 ) THE prayer for stay of operation of this order, as made by the applicant's learned Advocate at this stage is rejected. Petition dismissed.