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An Application Under Section 482 … vs Deep Dey on 10 July, 2017


Sl. July 10, C.R.R. 2190 of 2017

201. 2017

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

In the matter of : Deep Dey
State of West Bengal anr.

Ms. Rituparna De (Ghosh),
Mr. Atanu Ray Chowdhuri,
Mr. Pushan Majumder,
…for the petitioner.

It is submitted on behalf of the petitioner that the opposite party no. 2 had
admitted in the course of her interrogation by the police that she had a spouse living at the time of
marrying the petitioner and therefore she cannot be said to be a “person aggrieved” under Section
198 of the Code of Criminal Procedure.

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

In the meantime, the petitioner is 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 proceedings in General
Register Case No. 1427 arising out of Baruipur Police Case No. 1427 dated
September 27, 2014 under Sections 498A/494 of the Indian Penal Code pending
before the learned Additional Chief Judicial Magistrate at Baruipur, South 24-
Paraganas, for a period of six weeks from date or until further orders, whichever
is earlier.

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


( Joymalya Bagchi, J. )

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