C.R.R. No. 1476 of 2019
In re : Samir Majumder. ..Petitioner.
Re: Application under Sections 397/401 read with Section 482 of
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
subsistence of a marriage between the opposite party and the
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
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.)