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28 24.12.2019

C.R.R. 3826 of 2019
SB Ct. No. 33 In Re : Somana Bibi Ors.

Mr. Antarikhya Basu
Mr. Muyukh Mukherjee
Ms. Madhumita Basak … For the petitioners

This is an application under Section 397 read with Section

401 of the Code of Criminal Procedure and Section 482 of the Code

of Criminal Procedure filed by the petitioners praying for quashing

of the proceeding in G.R. Case No. 1431 of 2018 arising out of

Bhabanipur Police Station Case No. 221 of 2018 dated 06.11.2018

under Sections 498A/Section306/Section34 of the Indian Penal Code.

From the submissions made by the learned counsel

appearing for the petitioners as well as from the materials placed on

record, it appears that petitioner no. 2 is the husband of the victim

lady and remaining petitioners are the in-laws. All the petitioners

except petitioner no. 2 have been granted anticipatory bail. After

completion of investigation charge sheet was submitted against the

petitioners for commission of the alleged offence punishable under

Sections 498A/Section306 of the Indian Penal Code.

The grievance of the petitioners is that without complying the

mandatory provision as contained in Section 82 of the Code of

Criminal Procedure an order of proclamation was issued against the

accused number 1 who is the present petitioner no. 2. In the charge

sheet nowhere it was mentioned that the petitioner no. 1 was

absconding as submitted by the learned counsel appearing for the

petitioners.

Learned counsel appearing for the petitioners further submits

that at the time of submitting charge sheet the Investigating Officer

did not make any prayer for issuance of warrant of arrest against the

accused no. 1 who is petitioner no. 2.

From paragraph 8 of the present application it appears that

before submission of charge sheet the prayer for anticipatory bail of
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petitioner no. 2 was turned down by this Court. It further appears

that the impugned order dated 13.11.2019 regarding the

proclamation and attachment in respect of petitioner no. 2 was

issued before issuance of warrant of arrest against the petitioner no.

2

Having regard to the submissions made by the learned

counsel for the petitioners and considering the materials placed on

record the petitioners are directed to serve the copies of the present

application 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 after ensuing Christmas

Vacation and to file affidavit of service within two weeks after the

ensuing Christmas Vacation.

The impugned order dated November 13.11.2019 be stayed

for a period of three weeks after the ensuing Christmas Vacation or

until further order whichever is earlier.

Let the matter appear in the list under the same heading

three weeks after the ensuing Christmas Vacation.

Petitioners are given liberty to move 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.)