Dipak Dey & Anr vs State Of West Bengal & Anr on 12 October, 2017

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17 12.10.2017
V/L Court No.05
CRR 3399 of 2017
Sm

Dipak Dey Anr.
Vs.
State of West Bengal Anr.

Mr. Sekhar Kumar Basu, Sr. Adv.,
Mr. Arnab Saha,
Mr. A. Banerjee.
……For the Petitioners.
Mr. Prasun Dutta, A.P.P.
Mr. B. Banerjee.
…for the State Respondents.

This application under Section 397/401 read with Section

482 of the Code of Criminal Procedure, read with Article 227 of

the Constitution of India has been filed for quashing the

criminal proceeding being G.R. Case No. 735 of 2017 arising out

of Bidhannagar Women Police Station Case No. 23 of 2017 dated

12.09.2017 under Sections 498A/406/307/376/511/34 of the

Indian Penal Code read with Sections 3/ 4 of the Dowry

Prohibition Act, pending before the learned Additional Chief

Judicial Magistrate, Bidhannagar, North 24-Parganas.

Mr. Basu, the learned Senior Counsel appearing on behalf

of the petitioners contends that petitioner no. 1 had filed a

petition under Section 12(1)(c) of Hindu Marriage Act prior to

registration of the police case against the opposite party no. 1 for

annulling the marriage said to have been performed by practising
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fraud on petitioner no. 1. The Division Bench of this Court in

C.R.M. 9593 of 2017 accepting such submission of the

petitioners was pleased to enlarge both the petitioners on bail

(under Section 439 of the Code of Criminal Procedure). Mr. Basu

further submits that the further proceedings of the said case

ought to be stayed since it is apparent that the de-facto

complainant in order to feed fat her personal grudge against the

present petitioners had set the criminal law in motion.

Materials-on-record as well as the order of the Hon’ble Division

Bench do justify the submission made by the learned Senior

Counsel Mr. Basu.

The further proceeding of General Record Case No. 735 of

2017 arising out of Bidhannagar Women Police Station Case No.

23/2017 dated 12th September, 2017 Under Sections

498A/406/307/376/511/34 of the Indian Penal Code read with

Sections 3/ 4 of the Dowry Prohibition Act, pending before the

learned Additional Chief Judicial Magistrate, Bidhannagar, North

24-Parganas is stayed for a period of four weeks from this date.

The petitioners are, thus, directed to serve a copy of the

application along with the annexures thereof to the learned

Public Prosecutor of the State of West Bengal and to serve a copy

of the application along with the annexures thereof upon the

opposite party no. 2 by speed post with acknowledgement due
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within a period of two weeks from this date.

Let the application be listed under the heading ‘Contested

Application’ before the appropriate Bench having determination

over the matter subject to the convenience of His Lordship and

subject to filing of affidavit-of-service.

Liberty is given to pray for extension/variation/

modification of this order upon notice to other sides.

Urgent photostat certified copy of this order, if applied for,

be given to the learned Advocates for the parties on the usual

undertakings.

( Debi Prosad Dey, J. )

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