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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
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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.)