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Debesh Dutta & Ors vs State Of West Bengal & Anr on 16 January, 2018

1

165 16.01.2018

CRR 27 of 2018
g.b. Court No.35

Debesh Dutta Ors.

Vs.

State of West Bengal Anr.

Mr. Abhra Mukherjee
Mr. Sauradeep Dutta
……For the Petitioners

This application under Section 401 read with Section 482

of the Code of Criminal Procedure has been filed for quashing of

proceeding of G. R. Case No. 1376 of 2016 corresponding to

Balurghat Women Police Station Case No. 179 of 2016 dated

12.09.2016 under Sections 498A/307/506/109 of the Indian

Penal Code and Sections 3 /4 of the Dowry Prohibition Act

pending before the court of learned Chief Judicial Magistrate,

Dakshin Dinajpur at Balurghat.

Learned advocate appearing on behalf of the petitioners

submits that the F.I.R. does not disclose any offence against the

present petitioners, who are residents of Purulia, far away from

the place of trial. It is further submitted that the case against

the present petitioners is not maintainable in view of allegations

levelled against them and unnecessarily the present petitioners

will have to face rigors of trial in a court which is about 300

kilometers away from their residence.
2

Having considered the submission of learned advocate for

the petitioners, the proceeding in respect of the G. R. Case No.

1376 of 2016 corresponding to Balurghat Women Police Station

Case No. 179 of 2016 dated 12.09.2016 under Sections

498A/307/506/109 of the Indian Penal Code and Sections 3 /4

of the Dowry Prohibition Act pending before the court of learned

Chief Judicial Magistrate, Dakshin Dinajpur at Balurghat is

stayed for a period of four weeks or until further order whichever

is earlier.

The petitioners are directed to serve copy of the revisional

application along with all annexures thereof upon the opposite

party no.2 by speed post with acknowledgement due and also

directed to serve to the office of the learned Public Prosecutor

representing the State of West Bengal within a period of two

weeks.

The petitioners shall file affidavit of service on the next

date of hearing.

List the matter under the heading “Contested Application”

three weeks hence.

( Debi Prosad Dey, J. )

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