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Judgments of Supreme Court of India and High Courts

Abhijit Mallick & Ors vs Unknown on 11 April, 2019

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11.04.2019

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

hence.

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Urgent photostat certified copy of this order may be supplied to

the parties expeditiously, if applied for.

(Jay Sengupta, J.)

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