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Bihu Bandyopadhyay @ Bihu vs Unknown on 21 January, 2020

1

C.R.R. 3249 of 2019
2020

In the matter of: Bihu Bandyopadhyay @ Bihu
Bandopadhyay @ Bihu Banerjee
…petitioner

Mr. Jayanta Narayan Chatterjee
Mr. Apalak Basu
Mr. Supreem Naskar
Mr. Swagata Das
..for the petitioner

The petitioner has come forward with a prayer for quashing the

proceeding being G.R. Case No. 1805 of 2016 arising out of

Chandannagar P.S. Case No. 291 of 2016 dated December 12, 2016

under Sections 498A/323/307/506 of the Indian Penal Code by way

of filing an application under Section 482 of the Code of Criminal

Procedure.

From the submissions made by the learned Counsel appearing

for the petitioner as well as the materials placed on record, it appears

that the present petitioner is a “Dentist” and she is a colleague of the

husband/opposite party no.2. It has been contended that out of in

suspicion the opposite party no.2 lodged the F.I.R. implicating the

present petitioner falsely. Though the case was initiated under the
2

provisions of several sections of Indian Penal Code. but investigation

ended in the submissions of charge sheet against the accused

including the present petitioner for commission of alleged offences

punishable under Sections 498 506 of the Indian Penal Code. In

this connection, the learned Counsel appearing for the petitioner

submits that the petitioner is no way related to the family of the

husband/opposite party defacto complainant, as such, she cannot be

made an accused under Section 498A of the Code of Criminal

Procedure.

Having regard to the submissions made by the learned Advocate

appearing for the petitioner and considering the materials placed on

record, the petitioner is directed to serve a copy of the present

application along with all annexed documents to the State though

office of the Public Prosecutor, High Court, Calcutta and to the

opposite party no.2 by speed post with A/D. within one week from

date and to file affidavit of service within two weeks from date.

Let this matter appear under the same heading two weeks

hence.

The petitioner is given liberty to pray for stay upon service of

notices to the opposite parties.

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(Madhumati Mitra, J.)

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