C.R.R. No. 1413 of 2019
In re : Tapas Halder Ors. ..Petitioners.
Re: Application under Section 482 of the
Code of Criminal Procedure filed on 18.06.2019
Mr. Debapratim Guha,
Mr. Rajiv Lochan Chakraborty,
Ms. Priyanjit Kundu. …for the petitioners.
The First Information Report has been registered being G.R.
Case No. 264 of 2019 on 16th January, 2019 on the basis of a
complaint by a lady, who claims that her partner, his wife and son
assaulted her and spent about Rs.40,000/- (Rupees forty thousand
only) belonging to her. The allegations are prima facie vague and
without any particulars.
This Court is conscious of the dicta of the Supreme Court that
the First Information Report is not an encyclopedia but it is expected
that the complaint is not self-defeating and contradictory and atleast
prima facie discloses an offence. The compliant of the petitioners is
full of contradiction and no First Information Report could have been
registered without atleast some investigation and statement.
There shall be a stay of G.R. Case No. 264 of 2019 pending before the
learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas under
Sections 498A/Section379/Section323/Section427/Section34 of the Indian Penal Code for a period of eight
weeks from the date.
The petitioners are directed to serve a copy of this application
upon the opposite party no.1 through the learned Public Prosecutor,
High Court, Calcutta and also upon the opposite party no.2 by
Registered Speed Post with Acknowledgement Due Card and to file
affidavit-of-service on the next date of hearing.
Let the matter appear under the heading “Contested
Application” eight weeks hence.
Liberty to pray for extension, modification, variation and/or
vacating of the order upon notice to the other side.
Urgent photostat certified copy of this order, if applied for, be
given to the parties upon compliance of all formalities.
(Rajasekhar Mantha, J.)