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Kanchan Newar & Anr vs Unknown on 19 March, 2019

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124 19.3.2019

A.B. Ct.No.29
C.R.R. 525 of 2019

In the matter of:- Kanchan Newar Anr.

Mr. Saurav Chatterjee
Mr. Amit Ghatak
Mr. Anituddha Bhattacharyya
…for the petitioners

This is an application for quashing of the proceeding presently pending

under sections 498A/406/313 read with section 34 of the Indian Penal Code and

under sections 3 and 4 of the Protection of Women from Domestic Violence Act.

The learned advocate appears on behalf of the petitioners submits as

follows. Although the case was initially started also under section 313 of the

Indian Penal Code, the said provision was dropped from the charge sheet. The

petitioner no. 1 is the sister of the mother-in-law of the opposite party no. 2/

defacto complainant and the petitioner no. 2 is the sister of the father-in-law of

the said defacto complainant. The petitioner no. 2 is a cancer patient and has

been recently advised to undergo Bone Marrow Transplant. Although the defacto

complainant had lodged a rather lengthy hand written complaint, she did not

think it fit to make the present petitioners accused in the said First Information

Report. There is a mere allusion to the involvement of the petitioner no. 2 in the

said F.I.R. to the extent that she had allegedly mentally abused the defacto

complainant. No prima facie case can be said to have been made out to the

present petitioners as would be evident from a plain reading of the First
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Information Report and the charge sheet and its accompanied documents. Any

further contention of impugned proceeding shall be an abuse of the process of

the Court. Charges have not yet been framed in this case.

Let the petitioners serve a copy of the application upon the learned Public

Prosecutor and the opposite party No. 2 by speed post with acknowledgement

due, within a week. An affidavit of service to that effect shall be filed on the next

date of hearing.

Let this matter appear under the heading ‘contested application’ two weeks

hence.

Let the impugned proceeding shall be stayed, so far as the present

petitioners are concerned, for a period of six weeks from this date.

Liberty is granted to the parties to pray for extension or modification or

variation or vacating of the interim order upon notice to the other side.

Urgent photostat certified copy of this order may be supplied to the parties

expeditiously, if applied for.

(Jay Sengupta, J.)

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