V/L Court No.05
CRR 3399 of 2017
Dipak Dey Anr.
State of West Bengal Anr.
Mr. Sekhar Kumar Basu, Sr. Adv.,
Mr. Arnab Saha,
Mr. A. Banerjee.
……For the Petitioners.
Mr. Prasun Dutta, A.P.P.
Mr. B. Banerjee.
…for the State Respondents.
This application under Section 397/401 read with Section
482 of the Code of Criminal Procedure, read with Article 227 of
the Constitution of India has been filed for quashing the
criminal proceeding being G.R. Case No. 735 of 2017 arising out
of Bidhannagar Women Police Station Case No. 23 of 2017 dated
12.09.2017 under Sections 498A/406/307/376/511/34 of the
Indian Penal Code read with Sections 3/ 4 of the Dowry
Prohibition Act, pending before the learned Additional Chief
Judicial Magistrate, Bidhannagar, North 24-Parganas.
Mr. Basu, the learned Senior Counsel appearing on behalf
of the petitioners contends that petitioner no. 1 had filed a
petition under Section 12(1)(c) of Hindu Marriage Act prior to
registration of the police case against the opposite party no. 1 for
annulling the marriage said to have been performed by practising
fraud on petitioner no. 1. The Division Bench of this Court in
C.R.M. 9593 of 2017 accepting such submission of the
petitioners was pleased to enlarge both the petitioners on bail
(under Section 439 of the Code of Criminal Procedure). Mr. Basu
further submits that the further proceedings of the said case
ought to be stayed since it is apparent that the de-facto
complainant in order to feed fat her personal grudge against the
present petitioners had set the criminal law in motion.
Materials-on-record as well as the order of the Hon’ble Division
Bench do justify the submission made by the learned Senior
Counsel Mr. Basu.
The further proceeding of General Record Case No. 735 of
2017 arising out of Bidhannagar Women Police Station Case No.
23/2017 dated 12th September, 2017 Under Sections
498A/406/307/376/511/34 of the Indian Penal Code read with
Sections 3/ 4 of the Dowry Prohibition Act, pending before the
learned Additional Chief Judicial Magistrate, Bidhannagar, North
24-Parganas is stayed for a period of four weeks from this date.
The petitioners are, thus, directed to serve a copy of the
application along with the annexures thereof to the learned
Public Prosecutor of the State of West Bengal and to serve a copy
of the application along with the annexures thereof upon the
opposite party no. 2 by speed post with acknowledgement due
within a period of two weeks from this date.
Let the application be listed under the heading ‘Contested
Application’ before the appropriate Bench having determination
over the matter subject to the convenience of His Lordship and
subject to filing of affidavit-of-service.
Liberty is given to pray for extension/variation/
modification of this order upon notice to other sides.
Urgent photostat certified copy of this order, if applied for,
be given to the learned Advocates for the parties on the usual
( Debi Prosad Dey, J. )