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Mrinmoy Ranjan Sikdar @ Mrinmay … vs Unknown on 13 July, 2018

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34
13.07.2018

sm
c.no.29

CRR No.1376 of 2018

In the matter of:- Mrinmoy Ranjan Sikdar @ Mrinmay Sikdar Ors.

… Petitioners.

Ms.Aindrila De .. for the petitioners

This is an application for quashing of the proceedings, where a

charge -sheet has been submitted against the inlaws of the opposite

party no.2 under Section 498A of the Penal Code.

The learned Advocate appearing on behalf of the petitioners

submits that the marriage between the opposite party no.2 and her

husband took place 16 years ago. She further submits that the

present petitioners, who are the other inlaws of the defacto

complainant, stay separately from the couple as would be evident on

a report filed by the police in a proceeding under Section 107 of the

Code. She further submits that the defacto complainant had taken

loans, for which the lenders used to create trouble and finally the

husband committed suicide. The petitioner no.1 tried to file a first

information report over the death of the husband. Finally, an

application under Section 156(3) of the Code was allowed and an FIR
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under Section 306 of the Penal Code was registered on 03.01.2017

against the present opposite party no.2 and her family members.

The learned Advocate contends that as a counter-blast, the

present FIR was lodged by the opposite party no.2 on 05.01.2017

merely after a few days from lodging of the FIR by the petitioner no.1.

She submits that the charges have not been framed yet in the case.

The learned Advocate also submits that no prima facie case is

made out against the present petitioners as would be evident from a

plain reading of the FIR, charge-sheet and its accompanying

documents and further contends that the continuation of the present

proceedings would be an abuse of the process of court.

I have heard the submission of the learned Advocate

appearing for the petitioners and have gone through the petition

including the certified copy of the charge-sheet.

Let the petitioners be served a copy of this application upon

the learned Public Prosecutor, High Court, Calcutta and also upon the

opposite party no.2 by speed post with A/D within a week. Affidavit-

of-service shall be served to that effect on the next date of hearing.

Let this matter come as a Contested Application four (4) weeks

hence.

There shall be a stay of the impugned proceedings in

G.R.Case No.79 of 2017 arising out of Gaighata Police Station Case
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No.20 dated 05.01.2017 under Section 498A of the Penal Code for a

period of eight (8) weeks from this date.

Parties are at liberty to pray for extension or cancellation

and/or vacating of this interim order upon notice to the other side.

Urgent photostat copy of this order, if applied for, is to be given to the

parties on usual undertaking.

(Jay Sengupta, J.)

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