C.R.R. 1023 of 2018
Ct-42 In the matter of: Ashraf Ali Ansari Anr.
(AD) … petitioners
Mr. Ayan Bhattacharjee,
Mr. Jaran Dage.
… for the petitioners.
This is an application for quashing of a proceeding where
charge sheet has been submitted under Sections 498A/406 read
with 34 of the Indian Penal Code.
The learned Advocate appearing for the petitioners submits
that the petitioner no.1 is the father in law of the victim/de-facto
complainant and the petitioner no.2 is the husband of the victim’s
sister in law.
He submits that prior to this FIR, several complaints were
actually made on behalf of the husband against the wife as
regards the disturbances created by her.
The learned Advocate submits that so far as the present
petitioners are concerned, there is no prima facie case is made
out against him as would be evident from a plain reading of the
First Information Report and the charge sheet.
He further contends that the allegations against them are
either non-existent or absolute non-specific.
He submits that any further continuation of the
proceedings against the present petitioners would be a complete
abuse of process of Court.
Let the petitioners serve a copy of this application upon the
State through the learned Public Prosecutor and upon the
opposite party nos.2 by registered post with A/D within a week
and an affidavit of service to that effect shall be filed on the next
date of hearing.
Let this matter come up as a “Contested Application”
four weeks hence.
Let the impugned proceeding is stayed so far as the present
petitioners are concerned for a period of eight weeks from this
The parties are at liberty to pray for extension and/or
modification and/or cancellation of the interim order upon notice
to the other side.
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.)