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Judgments of Supreme Court of India and High Courts

CRR/1615/2019 on 19 September, 2019



ct no. 33

C.R.R. No. 1615 of 2019

In re : Sima Kshetry …..Petitioner

Re: Application under Section 482 of the Code of
Criminal Procedure, 1973 filed on 02.07.2019.

Mr. Ayan Bhattacharjee,
Mr. Apalok Basu,
Ms. Dipika Sarkar
…for the petitioner

The revisionist is aggrieved by Complaint Case No.

117 of 2019 under Section 12 of Protection of Women from

SectionDomestic Violence Act, 2005.

The petitioner has been impleaded as opposite party

no. 2 in the complaint and is the mother-in-law of the


It appears from an earlier record, the proceedings

under Section 498A had been registered and are being G.R.

No. 268 of 2015 against the husband and an alleged



The revisionist-mother-in-law is not even a named

accused in the said proceedings under Sections

498A/Section406/Section323/Section120B of the IPC. In the charge sheet no. 4 of

2015 dated October 12, 2015 submitted by the Bidhannagar

(Women) Police Station, the accused named thereunder is

only the husband Rajesh Kshetry. The mother-in-law has

been named as a prosecution witness in such case. The

opposite party-daughter-in-law has not been residing in her

matrimonial house since the year 2015. The pleading of the

mother-in-law in the impugned complaint case is therefore

appeared prima facie to be an afterthought and not in

harmony with the chain of events as narrated herein above.

In those circumstances, there shall be a stay of

further proceedings in Complaint Case No. 117 of 2019 only

against the revisionist Sima Kshetry for a period of 3 weeks

until after the long Puja vacation.

Let this matter stand adjourned and be listed one

week after the reopening of the Court after long Puja

vacation under the heading “contested application”.

The petitioner shall serve a copy of the revisional

application on the opposite party by Registered Speed Post

with Acknowledgement Due Card and file affidavit of service

on the next date of hearing. The State shall also be served.

Urgent photostat certified copy of this order, if

applied for, be given to the parties on usual undertaking.

(Rajasekhar Mantha, J.)

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