19.01.18. C.R.R. No. 1540 of 2016
In the matter of: Shayontoni Sarkar
Mr. Sandipan Ganguly
Mr. Somopriyo Chowdhury …for the petitioner
Mr. Subhendu Halder
Mr. Tathagata Majumder .. for the O.P
This is an application under section 482 of the Code of Criminal Procedure
for quashing the proceeding pending in connection with C R Case No. 64 of 2016
now pending before the learned Judicial Magistrate, 1st Class, Berhampore at
ground that the petitioner is a resident of United Kingdom and she has been
erroneously and falsely implicated by the Opposite Party in connection with this
Learned advocate for the petitioner contends that the petitioner has been
residing in United Kingdom since 2005 and in the meantime she has become a
British Citizen. It is further submitted that the petitioner has been falsely implicated
in connection with this case.
Learned advocate for the opposite party on the other hand contends that
the accused no. 1 took the opposite party to United States of America in
connection with a job and thereafter returned to India. It is further contended that
the petitioner used to come to India and at the instigation of the petitioner the
accused no. 1 committed torture upon the opposite party.
Having considered the submission of both the parties and after going
through the documents available in the record I find that the petitioner has been
residing in United Kingdom since 2005 and in fact the opposite party never had
been to the residence of the petitioner at United Kingdom.
In the above premises set forth above I am of the considered view that the
continuance of the proceedings amounts to abuse of process and in the interest of
justice the proceeding in respect of the present petitioner ought to be quashed.
Accordingly, C R Case No. 64 of 2016 now pending before the learned
Judicial Magistrate, 1st Class, Berhampore at Murshidabad under sections
CRR No. 1540 of 2016 is disposed of accordingly.
Urgent xerox certified copies of this order, if applied for, be made available
to the parties upon compliance of the requisite formalities.
(Debi Prosad Dey, J.)