SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

In Re: Smt. Sukla Mukherjee-vs-Unknown on 13 December, 1994

Calcutta High Court In Re: Smt. Sukla Mukherjee-vs-Unknown on 13 December, 1994
Equivalent citations:(1995) 1 CALLT 284 HC
Bench: N K Bhattacharyya


Nripendra Kumar Bhattacharyya, J.

1. The Affidavit-of-service filed on behalf of the petitioner be kept with the record. In spite of service none appears for O.P. No. 2.

2. By this revisional application the accused petitioner has challenged order dated 30.7.94 passed in G.R. Case No. 1381 of 1993, by the Ld. Metropolitan Magistrate, 6th court in a case Under Section 120B/498A/420/406 of the I.P.C.

3. Smt. Indrani Mukherjee, O.P. No. 2 herein filed a petition of complaint before the Ld. Metropolitan Magistrate wherein he directed the police to investigate the case in exercise of his pomer Under Section 156(3) of the Cr.P.C. and upon that complaint the Bowbazar P.S. Case No. 160 dated 13.5.93 Under Section 120B, 498A, 420 and 406 was initiated and on the basis of that P.S. Case, G.R. Case No. 1381/93 was started before the Ld. Metropolitan Magistrate, 6th court, Calcutta. In that G.R. Case the present petitioner made an application for personal exemption from appearance Under Section 205 of the Cr.P.C. The Ld. Magistrate dismissed that application on the ground, inter alia, that Section 205 of the Cr. P.C. is not applicable in a case which is instituted on police report. That is not the interpretation of Section

205. Sub-section (1) of Section 205 does not limit the application only to a complaint case, it can also be applied even in a case instituted on police report. So, the reason that has been given by the Ld. Magistrate for refusing the personal exemption of the petitioner is not at all logical and it is illegal. The impugned order is, accordingly, set aside. The revisional application is allowed. The Ld. Magistrate is directed to dispose of the application of the petitioner dt. 6.6.94 according to law within 3 weeks from the date of communication of this order. Let a copy of this order be sent down to the court below by a special messenger at the cost of the petitioner. Such cost is to be put in uncourse of this week.

Main – Page

Leave a Reply

Your email address will not be published. Required fields are marked *

Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.


Copyright © 2021 SC and HC Judgments Online at MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation