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
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
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.
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.)