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Judgments of Supreme Court of India and High Courts

An Application Under Section 482 … vs Sinchan Sarkar & Ors on 10 July, 2017


Sl. July 10, C.R.R. 2202 of 2017

213. 2017

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


In the matter of : Sinchan Sarkar ors.

State of West Bengal anr.

Mr. Swapan Kumar Mallick,
Mr. Kazi M. Rahaman,
Ms. Sudeshna Dey,
…for the petitioners.

It is submitted on behalf of the petitioners that on selfsame allegations,
two criminal cases have been registered against the petitioners. He, accordingly, prays for
quashing of the subsequent 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 proceedings in General
Register Case No. 564 of 2017 arising out of Cooch Behar Women Police Station
Case No. 129 of 2017 dated June 1, 2017 under Section 498A of the Indian Penal
Code pending before the learned Chief Judicial Magistrate at Cooch Behar for a
period of six weeks from date or until further orders, whichever is earlier.

The petitioners are 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 petitioners.


( Joymalya Bagchi, J. )

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