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Judgments of Supreme Court of India and High Courts

CRR/1476/2019 on 5 August, 2019

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05.08.2019
(52)

(ap)
C.R.R. No. 1476 of 2019

In re : Samir Majumder. ..Petitioner.

Re: Application under Sections 397/401 read with Section 482 of
the
Code of Criminal Procedure filed on 21.06.2019

Mr. Chittaranjan Ray.

…for the petitioner.

The petitioner got married to the opposite party no.2 under

Hindu rites and customs on 26th January, 2015. The opposite

party no.2 thereafter frequently visited her parental house. The

petitioner thereafter came to know that the opposite party-wife got

married to one Pintu Roy, son of Manindra Nath roy, resident of

Village Post Office – Kulgachhia, Police Station – Bhimpur,

District – Nadia in October 2015. About eight months later in

June 2016 the opposite party no.2 lodged an F.I.R. with the

Gopalnagar Police Station under Bongaon Sub-Division, North 24

Parganas being F.I.R. No. 273 of 2016 dated 18.06.2016 that was

registered under Sections 498A/Section307/Section313/Section406 read with Section

34 of the Indian Penal Code.

It appears to this Court that the said F.I.R. is an

afterthought and also not maintainable at the instance of a

person, who got wrongly and illegally married during the

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subsistence of a marriage between the opposite party and the

petitioner.

In those circumstances, let the F.I.R. No. 273 of 2016 dated

18.06.2016 and all further proceedings in G.R. Case No. 1735 of

2016 pending before the learned Additional Chief Judicial

Magistrate, Boangaon, North 24 Parganas remain stayed for a

period of eight weeks from date or until further orders whichever

is earlier.

The petitioner is directed to serve a copy of this application

upon the opposite party no.1 through 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 in the list under the heading

“Contested Application” eight 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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