C.R.R. 1562 of 2017
In Re: An application under Section 482 of the Code of Criminal
In the matter of : Tapas Biwas Ors.
Mr. Arindam Sen,
Mr. Sourav Basu,
Mr. Anirban Guha Thakurata.
…for the Petitioners.
It is submitted on behalf of the petitioners that an ex-parte
decree of divorce was passed against the opposite party no.2 which
is presently being contested in an application for setting aside the
ex-parte decree. One year after the said decree was passed, the
impugned criminal proceeding has been instituted in a malicious
manner to wreak vengeance upon the petitioners and to harass
and humiliate them in the eye of the society.
Let this matter appear under the heading ‘Contested
Application’ four weeks after vacation.
Copy of the application be served upon the opposite party
no.1 through learned Public Prosecutor, High Court, Calcutta and
upon the opposite party no.2 through registered speed post with
acknowledgement due and affidavit of service be filed on the next
date of hearing.
There shall be stay of the proceeding in Burdwan Women
Police Station Case No.79 dated 12.2.2016 pending before the
learned Chief Judicial Magistrate, Burdwan under Section
120B/406/498A/506/504/34 of the Indian Penal Code for a
period of six weeks after summer vacation or until further order,
whichever is earlier.
Liberty is given to the parties to apply for extension and/or
modification and/or variation and/or vacation of this order upon
notice to the other side.
Urgent photostat certified copy of this order, if applied for,
shall be given to the parties, as expeditiously as possible on
compliance of all necessary formalities.
(Joymalya Bagchi, J.)