(Supriya Banerjee & Ors vs The State & Anr.) on 22 August, 2017

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5 22.08.2017
an Court No. 34
CRR 442 of 2015
(Supriya Banerjee Ors. vs. The State anr.)

Mr. Uday Sankar Chattopadhyay
Mr. Suman Sankar Chatterjee
Mr. Santanu Maji
Ms. Snigdha Saha
…………. for the Petitioner

Mr. Abhra Mukherjee
Mrs. Debjani Sahoo
………….. for the State

Affidavit of service filed today be kept with the record.

Heard the learned counsel appearing on behalf of the petitioner.

By producing a judgment passed by the learned Additional Sessions

Judge concerned in connection with Sessions Case No. 214/2009, the petitioner

wanted to say that on the self-same ground, the defacto-complainant has filed a

case against them and in which the present petitioner got life imprisonment. Other

family inmates were declared acquitted. Even after that, the case has been

instituted against them under Section 406/34 of the Indian Penal Code also.

In the former case in which the present petitioner was convicted was

also filed under Section 406/34 of the Indian Penal Code. The chargesheet of that

Sessions case has been produced wherefrom it appears that the chargesheet was

submitted against the present petitioner in the former case under Section

498A/302/406/34 of the Indian Penal Code. This factual aspect of the matter has

not been disputed by the State authorities.

In such circumstances, it would be a sheer abuse of process of court to

allow the proceedings to go on.

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Accordingly, the chargesheet in connection with G.R. Case No.

556/2013 is quashed.

Hence, with the above observations, this CRR stands allowed.

Let a copy of this order be forwarded to the learned trial court for

information and necessary action.

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

to the parties as expeditiously as possible on compliance of all necessary formalities.

(Siddhartha Chattopadhyay, J.)

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