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11.07
M 2018
C.R.R. 1334 of 2018
Sri Partha Pritam Pal @ Partha Pritom Pal
-Vs-
Smt. Kanika Mondal Nee Sikdar Nee Pal Anr
Mr. Bikram Banerjee,
…. For the Petitioner.
The learned advocate appearing on behalf of the petitioner prays
for leave to correct the cause title, which is granted.
This is an application for quashing of an investigational
proceeding in Barasat Women Police Station Case No. 121 of 2017
dated 23rd August, 2017 under Sections 498A376/417/323/324/371
and 506 of the Indian Penal Code corresponding to G.R. Case No.
2738 of 2017 now pending before the Court of the learned Additional
Chief Judicial Magistrate at Barasat, North 24 Parganas.
A charge sheet dated 21st February 2018 has been filed in this
case.
The learned advocate appearing on behalf of the petitioner
submits that the opposite party no. 1 has been filing vexatious
complaints one after the other against the present petitioner over the
same issue. He submits that although the de facto complainant filed
the instant proceeding under Section 498A of the Indian Penal Code
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and other sections, over the self same allegations and with a little bit
of embellishment she filed a second First Information Report being
Dumdum Police Station case no. 843 dated 23rd August, 2017 but
under Sections 376/417 and 506 of the Indian Penal Code and
Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act. That second First Information Report had resulted
in a final report that prayed for discharge for accused/petitioner. He
submits that she did not stop at that and filed a third First
Information Report being Barasat Woman P.S. Case No. 121 dated
23rd August, 2017 under Sections 376/417/323/324/371/506 of the
Indian Penal Code. He submits that in both the subsequent F.I.Rs.
she had suppressed about filing any other F.I.R.
The learned advocate appearing on behalf of the petitioner
submits that no prima face case is made out against the present
petitioner as would be evident from a plain reading of the F.I.R. and
the charge sheet and in view of the submission of final report in
respect of the second F.I.R., further continuation of the present
proceeding would be an abuse of the process of law.
I have heard the submissions of the learned advocate appearing
on behalf of the petitioner and have gone through the revisional
application including its annexures.
Let the petitioner serve a copy of the application to the State
through Learned Public Prosecutor and upon the opposite party no. 1
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by speed post with AD within a week.
An affidavit to that effect shall be filed on the next date of
hearing.
Let the proceeding in G.R. Case No. 2738 of 2017 now pending
before the Court of the learned Additional Chief Judicial Magistrate at
Barasat, North 24 Parganas remain stayed for a period of eight weeks
from this date.
Let this matter come up for hearing as ‘Contested Application’
four weeks hence.
The parties shall be at liberty to pray for extension of
modification or vacation of the interim order upon notice to the other
side.
Urgent photostat certified copy of this order, if applied for, be
furnished to the parties as expeditiously as possible on compliance of
all necessary formalities.
( Jay Sengupta, J.)