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An Application Under Section 401 … vs Jayanta Kumar Pain @ Jayanta Kumar … on 3 April, 2017

1

Sl. April 3, C.R.R. 1073 of 2017

406. 2017

In the matter of: An application under Section 401 read with Section
482
of the Code of Criminal Procedure;

And

In the matter of : Jayanta Kumar Pain @ Jayanta Kumar Pyne ors.

Versus
State of West Bengal anr.

Mr. Himangsu De,
Ms. Ayantika Roy,
…for the petitioners.

It is submitted on behalf of the petitioners that the allegations in the
impugned criminal proceeding are out and out vague, omnibus in nature and do not constitute
ingredients of the alleged offences under Section 498A of the Indian Penal Code. It is also
submitted that there was inordinate delay in instituting the impugned proceeding.

Under such circumstances, let this revisional application appear under
the heading “contested application” four weeks hence.

In the meantime, the petitioners are directed to serve copies
of this revisional application on the State/opposite party through the learned
Public Prosecutor, High Court, Calcutta and on the opposite party no. 2 through
registered speed post with acknowledgment due and to file an affidavit of service
at the next hearing.

There shall be stay of all further proceeding in General
Register Case No. 2146 of 2014 arising out of Uluberia Police Station Case No.
681 dated September 12, 2014 under Sections 498A/34 of the Indian Penal Code
pending before the learned Additional Chief Judicial Magistrate at Uluberia,
Howrah, for a period of six weeks from date or until further orders, whichever is
earlier.

2

The petitioners are at liberty to pray for extension of this
order on the selfsame application upon notice to the opposite parties. The
dns opposite parties are also at liberty to apply for variation, vacation and/or
modification of this order upon notice to the petitioners.

( Joymalya Bagchi, J. )

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