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Judgments of Supreme Court of India and High Courts

(Jimar Sha & Ors vs Nargis Begum & Anr.) on 5 July, 2018

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45 05.07.2018

CRR 1293 of 2018
an Court No. 34
(Jimar Sha ors. vs. Nargis Begum anr.)

Mr. Subhasish Pachhal
…………. for the petitioner

This is an application for quashing of a complaint case being

C.R. Case No. 678/2014 under Sections

323/324/379/354B/506/504/34 of the Indian Penal Code.

The learned counsel appearing on behalf of the petitioner

submits that there is a matrimonial dispute pending between the

complainant opposite party No. 1 and the accused petitioner in this

case. He submits that several proceedings are pending including one

for maintenance and one under Section 498A of the Indian Penal

Code. The learned advocate submits that the present proceeding was

initiated only to harass the present petitioners and submits that no

prima facie case has been made out against the petitioner as would be

evident from plain reading of the petition of complaint. He submits

that the trial has not started in the case as yet. In fact, there is an

inordinate delay in lodging the complaint as submitted by the

petitioner.

Let the petitioner serve a copy of this application upon the

State through the learned Public Prosecutor and upon the opposite

party No. 1 by Speed Post with A.D. within one week from date.
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Affidavit of service to this effect be filed on the next date of hearing.

Let the matter come up in the List as Contested Application

four weeks hence.

Urgent photostat certified copy of this order, if applied for,

shall be given to the parties as expeditiously as possible on

compliance of all necessary formalities.

(Jay Sengupta, J.)

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