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9.1.2018

p.b.

Ct. No. 35

CRR 46 of 2018

Suman Roy
Vs.

State of West Bengal Anr.

Mr. Rajdeep Majumder,
Mr. Mayukh Mukherjee.

…..for the petitioner.

This is an application under Section 482 of the Code of Criminal

Procedure for quashing of the proceeding being G.R. Case No.615 of

2013 corresponding to Baguiati Police Station Case No.106 of 2013

dated 1st March, 2013 under Sections 498a/325/406/34 of the Indian

Penal Code and added Section 494 of the Indian Penal Code now pending

before the Court of learned Judicial Magistrate, 2nd Court at Barasat,

North 24 Parganas.

Learned advocate appearing on behalf of the petitioner contends

that so far as the other accused persons are concerned, the proceeding

has already been quashed by this Court in CRR 795 of 2014 and CRR

1674 of 2017. It is further submitted that an earlier occasion, another

case under Section 498A was filed against the present petitioner and the

said case was also quashed by this Court in CRR 352 of 2009.
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Having considered the submissions made on behalf of the

petitioner and after going through the materials on record, let the case

be stayed for a period of eight weeks.

The petitioner is directed to serve copy of the application along

with annexures on the opposite party no.2 by speed post with

acknowledgement due and on the opposite party State through learned

Public Prosecutor within two weeks and to file affidavit of service on the

next date of hearing.

List the matter under the heading “Contested Application” after

expiry of four weeks.

The order being CRR 352 of 2009 filed by the petitioner before

this court is kept on record.

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

be given to the parties as expeditiously as possible.

(Debi Prosad Dey, J.)