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Judgments of Supreme Court of India and High Courts

CRR/554/2006 on 19 September, 2019

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68 19.09.2019

C.R.R. 554 of 2006
SB Ct. No. 34 In Re : Sahila Prasad
None appears for the petitioner.

No accommodation is sought for.

The revisional application has been preferred for quashing the

proceeding being G.R. Case No. 1937 of 2003 pending before the

learned Judicial Magistrate, 5th Court at Howrah.

I find from the order dated 30.11.2004 passed by the learned

Judicial Magistrate, 5th Court, Howrah that charge was framed under

Sectionsections 498A/Section34 of the Indian Penal Code and Sections 3 / Section4 of the

Dowry Prohibition Act. The order also reflects that charge was read

over to the accused persons who pleaded not guilty and claimed to be

tried. The next date was fixed on 19.03.05 for recording of evidence of

C.S.W. 1 and 11.

I also find from this case that on order dated 20.07.2006 a co-

ordinate bench of this Court was pleased to stay the proceeding of

G.R. Case No. 1937 of 2003 arising out of Sankrail P.S. Case No. 184

of 2003 until further orders.

I find that the contentions advanced in the revisional application

relate to disputed questions of facts which is required to be adjudicated

in course of trial and cannot be appreciated at the stage of framing of

charge.

Having due regard to the present stage of the case, I do not find

any reason to interfere with the proceeding as such the revisional
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application is dismissed. Consequently, the interim order so granted on

20.07.2006 is hereby vacated.

Department is directed to communicate this order to the learned

Court below forthwith.

The learned Court below is directed to continue with the trial of

the case from the stage at which the petitioner approached this Court

and take all efforts for expeditious disposal of the same.

With the aforesaid observations, the revisional application being

C.R.R. 554 of 2006 is disposed of.

(Tirthankar Ghosh, J.)

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