C.R.R. 2675 of 2017
rkd Ct. No.28
Rajiv Dutta Ors.
The State of West Bengal Anr.
Mr. R. S. Chattopahdyay,
Mr. S. Banerjee,
Mr. S. Banerjee
….for the petitioner.
It is submitted on behalf of the petitioner that the opposite
party no.2 had initiated a proceeding under Section 498A of the
IPC against them. After they were enlarged on bail the impugned
prosecution was initiated in order to harass and humiliate them.
Uncontroverted allegations relate to incidents prior to lodging of
first information report in the earlier case wherein there is no
whisper of any insinuation against the opposite party no.2
relating to her caste.
Let this matter appear under the heading “Contested
Application” one week after ensuing Puja vacation.
Copy of the petition be served upon opposite party no1
through Public Prosecutor, High Court, Calcutta and upon
opposite party no.2 through registered speed post with
acknowledgement due and affidavit-of-service be filed on the next
date of hearing.
There shall be stay of proceeding in G.R. Case No.1492 of
2017 pending before the court of Learned Additional Chief
Judicial Magistrate, Siliguri, arising out of Siliguri P.S. Case
No.361 of 2017 dated 10.05.2017 under Sections 3(1)(a)/3(1)(g)/
3(1)(r)/3(1)(s)/3(1)(u)/3(1)(z) of Scheduled Caste and the
Scheduled Tribe (Prevention of Atrocities) Act, for a period of two
weeks after ensuing Puja vacation or until further orders,
whichever is earlier.
Liberty to pray for extension, modification, variation and/or
vacating the interim order upon notice to the other side.
Certified copy of this order, if applied for, be given to the
parties on priority basis.
(Joymalya Bagchi, J.)