Swapan Majhi And Others vs The State Of West Bengal And … on 24 January, 2018

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S/L.12. C.R.R. No.3558 of 2017
January
24, 2018
Bpg. In the matter of : Swapan Majhi and others.

Versus
The State of West Bengal and another.

Mr. Sandipan Ganguly,
Mr. Debabrata Mondal,
Ms. Sonali Das.

…for the petitioners.

Mr. Navanil De.

…for the State.

This is an application praying for quashing of the proceeding being
G.R. Case no.1159 of 2017 pending before the court of learned Chief Judicial
Magistrate, Tamluk, Purba Medinipur arising out of Kolaghat Police Station Case
no.211 of 2017 dated May 29, 2017 under Sections 498A/323/34 of the Indian
Penal Code read with
Section 3(1)(iii)/(x)/(xi) of the Scheduled Castes and
Scheduled Tribes Act and Section 4 of Dowry Prohibition Act.

Learned senior advocate Mr. Ganguly appearing on behalf of the
petitioners contends that the materials on record do not justify the impleadment
of the present petitioners under the Scheduled Castes and
Scheduled Tribes Act
and accordingly the entire case ought to be quashed. It is further submitted that
the petitioners have been falsely roped in this case so that they may put behind
the bar for no fault of them.

Learned advocate Mr. De appearing on behalf of the State further
submits that the First Information Report coupled with the statement recorded
under
Section 161 of the Code of Criminal Procedure clearly indicate the reasons
for implicating the present petitioners for the sections incorporated in the charge-
sheet and in the meantime the case has been culminated in filing the charge-
sheet.

Having considered the submission of both parties and after going
through the materials on record, I do not find sufficient reason to quash the
entire proceeding. Accordingly, the prayer for quashing the proceeding is refused.

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However, the petitioners may raise all such points before the court below and the
warrant of arrest issued against the present petitioners is stayed for a period of
two weeks from date on condition that the petitioners shall surrender in the court
below and pray for regular bail. Learned trial court shall dispose of such
application in accordance with law.

The criminal revisional application is, accordingly, disposed of in
terms of the aforesaid observation.

Urgent photostat certified copies of this order, if applied for, shall be
given to the parties upon compliance of all necessary formalities.

(Debi Prosad Dey, J.)

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