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Judgments of Supreme Court of India and High Courts

CRR/1231/2019 on 9 August, 2019

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09.08.2019
(61)

(ap)
C.R.R. No. 1231 of 2019

In re : Minati Sarkar. ..Petitioner.

Re: Application under Section 407 read with Section 482 of the
Code of Criminal Procedure filed on 23.04.2019

Mr. Debanshu Ghorai.

…for the petitioner.

Mr. Kaustav Bagchi.

…for the opposite party nos.2 to 4.

Mr. Saswata Gopal Mukherjee, Ld. P.P.

Ms. Sayanti Santra.

…for the State.

Affidavit-of-service filed in Court today by the Counsel for the

petitioner be kept with the record.

Leave is granted to the Counsel for the petitioner to file

supplementary affidavit.

The sum and substance of the case is that the petitioner is

being regularly threatened by unknown persons and is unable to

attend the Court at Khardah, where the principal proceeding under

Sections 498A/Section323 read with Section 34 of the Indian Penal Code is

pending.

The opposite parties are the two brother-in-laws and a sister-in-

law of the petitioner. The father-in-law and the mother-in-law are

since deceased. The husband of the petitioner is with the petitioner.

In an earlier revisional application being C.R.R. No. 640 of 2012

by an order dated 14th March, 2012, a co-ordinate Bench of this Court

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has held that the nature of the dispute between the parties is

primarily civil in nature.

In those circumstances, let all further proceedings instituted by

the petitioner against the opposite parties and the opposite parties

against the petitioner being G.R. Case No. 3566 of 2010, G.R. Case

No. 3310 of 2011 and G.R. Case No. 5688 of 2012 now pending before

the learned Judicial Magistrate, 3rd Court, Barrackpore, North 24

Parganas remain stayed until disposal of the main revisional

application.

The opposite parties shall be entitled to file affidavit-in-

opposition to bring on record the entire order-sheets in all the matters

and counter the allegations of the petitioner within a period of eight

weeks from date. Reply, if any, thereto be filed one week thereafter.

Let the hearing of this matter stand adjourned and be listed

under the same heading nine weeks hence.

Liberty to pray for extension, modification, variation and/or vacating the

interim order upon notice to the other side.

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

supplied to the parties as early as possible.

(Rajasekhar Mantha, J.)

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