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Judgments of Supreme Court of India and High Courts

Ashraf Ali Ansari & Anr vs Unknown on 22 June, 2018

1

C.R.R. 1023 of 2018
22.06.2018

S/L-86
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.

2

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

date.

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.)

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