CRR 723 of 2019
Ct. No. 29
In the matter of:- Abhijit Mallick Ors. …petitioners
Mr. D. Aditya,
Mr. Amit Kumar Ghosh.
…for the petitioners.
The learned Advocate appearing on behalf of the petitioners files
a certified copy of the order sheet, which is taken on record.
This is an application praying for quashing of a proceeding in
which a charge sheet was submitted under Sections 406 and 498A read
with Section 34 of the Penal Code.
The learned Advocate appearing on behalf of the petitioners
submits as follows. The petitioner no.1 is the husband and the petitioner
nos.2 and 3 are the other in laws of the opposite party no.2/de facto
complainant. The First Information Report was lodged in 2008 and the
charge sheet was also filed in 2008. Yet, till date even the charges could not
be framed in the present case. In the meantime, on 31st July, 2013 the
learned Additional District Judge, 3rd Court, Hooghly dismissed the suit for
divorce being MAT Suit No. 357 of 2009 filed by the present opposite party
no.2. In the said order, it was clearly held that allegation of mental and
physical torture committed by the husband upon the wife could not be
proved. As per instruction, this order has not been appealed by the opposite
party no.2. No prima facie case is made out against the present petitioners
as would be evident from a plain reading of the First Information Report and
the charge sheet. Any further continuation of the impugned proceedings
would be an abuse of the process of Court.
Let the petitioners serve a copy of this application upon the State
through the learned Public Prosecutor and upon the opposite party no.2 by
speed post with acknowledgment due, within a week. An affidavit of
service to that effect shall be filed on the next date of hearing.
Let this matter appear as a ‘Contested Application two weeks
Urgent photostat certified copy of this order may be supplied to
the parties expeditiously, if applied for.
(Jay Sengupta, J.)