C.R.R. 37 of 2020
SB Ct. No. 33
In Re : Biswajit Sinha Roy
Mr. Ayan Bhattacharyya
Mr. Apalak Basu
Mr. Sutapa Mitra … For the petitioner
This is an application under Section 482 of the Code of
Criminal Procedure filed by the petitioner / husband praying for
quashing of proceedings being G.R. Case No. 1063 of 2018 arising
out of Baranagar Police Station Case No. 123 / 2018 under Sections
498A/406/506/34 of the Indian Penal pending before the learned
Additional Chief Judicial Magistrate, Barrackpore, North 24
Learned counsel appearing for the petitioner submits that the
Opposite Party No. 2 being the wife of present petitioner initiated the
instant proceedings against the petitioner and her parents-in-law.
The proceedings against the parents-in-law has been quashed by
this Court in C.R.R. 3472 of 2018. According to his contention the
present petitioner is on the same footing with his parents except
there was additional allegation of the illicit relationship of petitioner
with another lady.
Having regard to the submissions made by the learned
counsel for the petitioner and considering the materials placed on
record the petitioner is directed to serve the copy of the present
applications along with all annexed documents to the State of West
Bengal through the office of the learned Public Prosecutor, High
Court Calcutta and opposite party no. 2 by speed post with
acknowledgement due within one week from date and to file affidavit
of service within two weeks from date.
Let the matter appear in the list under the same heading
three weeks hence.
Petitioner is given liberty to pray for stay upon service of
notices to the Opposite Parties.
Urgent photostat certified copy of this order, if applied for, be
given to the parties, upon compliance of requisite formalities.
(Madhumati Mitra, J.)