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.)