Abdul Mallick @ Abdul Malik@ Malek vs The State Of West Bengal & Anr on 4 August, 2017

IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present:

The Hon’ble Justice Debi Prosad Dey

CRR No. 972 of 2014

Abdul Mallick @ Abdul Malik@ Malek……………….Petitioner

Versus

The State of West Bengal Anr……….Respondents

For the Appellant/ : Mr. Debapratim Guha
Petitioner : Mr. Rajiv Lochan Chakraborty
: Mr. Priyanjit Kundu

For the plaintiffs/
Respondents : Mr. Sanjay Banerjee

Heard on : 29.06.2017, 03.08.2017

Judgment on : 04.08.2017

Debi Prosad Dey, J. :-
Despite service of notice, opposite party no. 2 did not turn up. Let the

affidavit of service be kept with the record. This application under Section 482 of

the Code of Criminal Procedure has been filed for quashing F.I.R no. 284 of 2012

dated 02.07.2012 under Section 498A/307/34 of Indian Penal Code as well as

the charge sheet no. 229 of 2012 dated 31st July, 2012.

On a comparison of Annexures P3 and P4, it transpires that one Sahanur

Khatun lodged two cases under Section 498A/307/34 of Indian Penal Code

against her husband and other relatives and both the cases have been

culminated in charge sheet.

On further scrutiny of the First Information Report as well as the charge

sheet in both the cases, it transpires that the date of occurrence in both the

cases is on 29th September, 2010. That clearly goes to show that two cases have

been started and culminated in filing of charge sheet with regard to self-same

offence against self-same accused.

Learned Advocate appearing on behalf of the State contended that in fact

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two cases have been started showing self-same date of occurrence and

accordingly the second case being F.I.R no. 284 of 2012 dated 2nd July,

2012(charge sheet no. 229 of 2012 dated 31st July, 2012) be quashed and

continuance of the said proceeding would tantamount to abuse of process. In

that view of this case, the case bearing First Information Report no. 284 of 2012

dated 2nd July, 2012 under Section 498A/307/34 of the Indian Penal Code

corresponding to charge sheet no. 229 of 2012 dated 31st July, 2012

498A/307/34 of the Indian Penal Code pending before the learned Court of

Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur is thus quashed.

The revisional application is allowed.

Let the copy of this order be forwarded to the learned Additional Chief

Judicial Magistrate, Islampur District – Uttar Dinajpur forth with for information

and necessary action.

No order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the

parties as expeditiously as possible

(Debi Prosad Dey, J.)

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