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30 10.01.2020

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

Parganas.

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.

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Urgent photostat certified copy of this order, if applied for, be

given to the parties, upon compliance of requisite formalities.

(Madhumati Mitra, J.)