SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Criminal Procedure vs In Re: Sri Hardeep Singh Purba And … on 18 July, 2018

1

18.7.2018
36 md.

C.R.R. 1421 of 2018
Re:- An application under Section 401 read with Section 482 of the Code of
Criminal Procedure, 1973 filed on 6th June, 2018;

And
In Re: Sri Hardeep Singh Purba and others
… Petitioners
Mr. Tilak Mitra
Mr. Samit Bhanja
Ms. Dipanwita De
Ms. A. Saha
.. for the Petitioners

The Learned Advocate appearing on behalf of the petitioners submits that

due to inadvertence the de facto complainant of this case has not been added as

a party. He prays that the petitioners may be allowed to add the de facto

complainant as an opposite party and the Learned Advocate on record may be

permitted to correct the cause title to that effect. Leave is granted for the same.

This is an application for quashing of the proceeding in which the Charge

sheet has been filed under Sections 323/498A/509 read with Section 34 of the

Penal Code.

The Learned Advocate appearing on behalf of the petitioners submits that on

27th April, 2017 the de facto complainant submitted a written complaint before

the Karaya Police Station which was registered as an FIR on 29th April, 2017.

This led to the present proceedings.

He further submits that the de facto complainant thereafter filed the First

Information Report on the selfsame cause of action at the Jorhat Police Station

in Assam on 28th April, 2017.

1
2

The Learned Advocate submits that the second FIR on the selfsame cause of

action against the same accused cannot be maintained.

He further submits that the Hon’ble Gauhati High Court by order dated 27th

April, 2018 passed in Criminal Petition No.760 of 2017 dismissed an application

for quashing of the FIR lodged at Jorhat Police Station by holding that the FIR

lodged at the Jorhat Police Station was the first in point of time.

Let the petitioners serve a copy of the application upon the State through

the Learned Public Prosecutor and upon the opposite party no.2 by Speed Post

with A/D.

An affidavit-of-service shall be filed on the next date of hearing.

Let this matter come up for hearing as a “Contested Application” four weeks

hence.

The State is directed to produce the case diary on the next date of hearing.

Urgent photostat certified copy of this order, if applied for, be given to the

parties upon compliance of all requisite formalities.

(Jay Sengupta, J.)

2

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation