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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.)