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Judgments of Supreme Court of India and High Courts

CRR/1929/2019 on 30 September, 2019

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30.09.2019
(50)

(ap)
C.R.R. No. 1929 of 2019

In re : Aditya Mohta. ..Petitioner.

Re: Application under Section 482 of the
Code of Criminal Procedure filed on 30.07.2019

Mr. Ayan Bhattacharjee,
Mr. Sharequl Haque.

…for the petitioner.

Mr. Ratanlal Joshi.

…for the opposite party no.2.

Affidavit-of-service filed in Court today be kept with the record.

Mr. Swapan Banerjee and Mrs. Purnima Ghosh, who usually appear

for the State, agree to represent it since none appears.

Let the appointments of Mr. Banerjee and Mrs. Ghosh be

regularized by the Office of the Public Prosecutor, High Court, Calcutta.

The petitioner shall serve a copy of this revisional application on Mr.

Swapan Banerjee in course of the day.

The opposite party no.2-complainant is represented.

It appears from the records that the complainant and the husband

resided separately and after the initial residence in a joint mess. The F.I.R.

is rather vague against the revisionist. The charge-sheet is equally vague

in this regard.

In those circumstances, let there be a stay of all further proceeding

in G.R. Case NO. 1257 of 2017 arising out of Posta Police Station Case No.

170 of 2016 dated July 14, 2017 under Sections 498A/Section34 of the Indian

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Penal Code and Sections 3/Section4 of the Dowry Prohibition Act pending before

the learned Additional Chief Metropolitan Magistrate-1 at Calcutta until

14th December, 2019 only against the revisionist.

It is relevant to note that the sister-in-law and the mother-in-law of

the complainant have not been named in the charge-sheet.

It is made clear that the proceeding may go on against the husband,

who is also charge-sheeted.

The opposite party no.2-complainant shall be entitled to file

affidavit-in-opposition by 21st November, 2019, reply, if any, thereto be

filed by 27th November, 2019.

Let this matter appear as “Contested Application” on 4th

December, 2019.

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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