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Arup Kumar Pal -Vs- Smt. Archana … vs Mr. Kamal Kanta Kar on 13 November, 2019

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33
13-11-2019

b.r.

Crt.40 CRR No. 1876 of 2013

In the matter of : SectionArup Kumar Pal -vs- Smt. Archana Pal Anr.

– And –

Mr. Kamal Kanta Kar
….. For the Petitioner.

Ms. Sayanti Santra
…for the State.

The petitioner being the husband of the victim lady

came forward for quashing of the First Information Report in

connection with Chinsurah Police Station Case No. 83 of 2013

dated 02.04.2013 under Section 498A of the Code of Criminal

Procedure.

Learned counsel appearing for the State has produced

the case diary.

Heard the submissions made by learned counsel

appearing for the petitioner and the learned counsel for the

State.

Learned Counsel for the petitioner submits that the

petitioner is the husband of the victim lady and the victim lady

voluntarily left her matrimonial home in the year 2004 and
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thereafter in the year 2013 she lodged an FIR against her

husband making allegation of ill treatment and cruelty.

In this connection, learned counsel appearing for the

State submits that the cruelty may be mental or physical and

mental cruelty is the continuing offence.

From the materials placed on record, it appears that

the investigation ended in submission of chargesheet against the

petitioner for commission of the alleged offence punishable

under Section 498A of the Indian Penal Code. The allegation

contained in the written complaint and the materials collected

during investigation prima facie show the existence of alleged

offence.

In view of above, I do not find any reason to quash the

criminal proceedings pending against the petitioner at this

stage. However, the petitioner is given liberty to raise all the

points as raised in this revisional application before the learned

Magistrate at appropriate stage.

Thus the revisional application being CRR 1876 of

2013 is disposed of.

Case Diary be handed over to the learned counsel

appearing for the State.

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Urgent photostat certified copy of this order, if applied

for, be given to the learned counsel for the parties as

expeditiously as possible upon compliance of usual formalities.

( Madhumati Mitra, J. )

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