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Judgments of Supreme Court of India and High Courts

Anjuman Ara Khatun & Ors vs The State Of West Bengal & Anr on 13 June, 2018

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13.06.2018

C.R.R. 243 of 2018
S/L-81
Ct-42
(AD)
In the matter of: Anjuman Ara Khatun Ors.

…Petitioner.

Vs.

The State of West Bengal Anr.

Mr. A. Salam. Adv.

Mr. Mirza Kamruddin. Adv.

… for the petitioners.

In this case although the FIR was registered under Sections

498A/323/506 of the Code of Criminal Procedure, a charge sheet

was submitted under Sections 498A/323/506/406/307/313 and

34 of the Indian Penal Code.

The learned Advocate for the petitioners prays for leave to

correct the cause title and the prayer portion to incorporate the

present provisions under which the charge sheet had been

submitted.

Leave is granted to amend the cause title and the prayer

portion to such effect.

The learned Advocate for the petitioners submits that in the

First Information Report, there is no mention of any act that

might attract Section 307 of the Indian Penal Code. He further

submits that there is hardly any material against the present

petitioners so as to warrant an arraignment on the present

charges. He also submits that the present petitioners stay

separately from the warring couple in question.

Let the matter appear under the heading “Contested

Application” after four weeks.

A copy of this application be served upon the opposite party

no.2 by registered post with A/D as well as upon the State
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through the learned Public Prosecutor within a week from this

date.

An affidavit of service to that effect be filed on the next date

of hearing.

Urgent photostat certified copy of this order, if applied for,

shall be given to the parties as expeditiously as possible on

compliance of all necessary formalities.

(Jay Sengupta, J.)

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