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165 16.01.2018
CRR 27 of 2018
g.b. Court No.35
Debesh Dutta Ors.
Vs.
State of West Bengal Anr.
Mr. Abhra Mukherjee
Mr. Sauradeep Dutta
……For the Petitioners
This application under Section 401 read with Section 482
of the Code of Criminal Procedure has been filed for quashing of
proceeding of G. R. Case No. 1376 of 2016 corresponding to
Balurghat Women Police Station Case No. 179 of 2016 dated
12.09.2016 under Sections 498A/307/506/109 of the Indian
Penal Code and Sections 3 /4 of the Dowry Prohibition Act
pending before the court of learned Chief Judicial Magistrate,
Dakshin Dinajpur at Balurghat.
Learned advocate appearing on behalf of the petitioners
submits that the F.I.R. does not disclose any offence against the
present petitioners, who are residents of Purulia, far away from
the place of trial. It is further submitted that the case against
the present petitioners is not maintainable in view of allegations
levelled against them and unnecessarily the present petitioners
will have to face rigors of trial in a court which is about 300
kilometers away from their residence.
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Having considered the submission of learned advocate for
the petitioners, the proceeding in respect of the G. R. Case No.
1376 of 2016 corresponding to Balurghat Women Police Station
Case No. 179 of 2016 dated 12.09.2016 under Sections
498A/307/506/109 of the Indian Penal Code and Sections 3 /4
of the Dowry Prohibition Act pending before the court of learned
Chief Judicial Magistrate, Dakshin Dinajpur at Balurghat is
stayed for a period of four weeks or until further order whichever
is earlier.
The petitioners are directed to serve copy of the revisional
application along with all annexures thereof upon the opposite
party no.2 by speed post with acknowledgement due and also
directed to serve to the office of the learned Public Prosecutor
representing the State of West Bengal within a period of two
weeks.
The petitioners shall file affidavit of service on the next
date of hearing.
List the matter under the heading “Contested Application”
three weeks hence.
( Debi Prosad Dey, J. )