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Judgments of Supreme Court of India and High Courts

Nibedita Natta (Nee Paul) vs Unknown on 25 January, 2019

1

Serial Nos.19 20.

January 25, 2019.

SG

CRM 4275 of 2018
with
CRM 4276 of 2018

In the matter of: Nibedita Natta (nee Paul).

Mr K. Paul
… for the petitioner.

Mr Rana Mukherjee
Ms Debjani Sahu
… for the State.

Mr Saurav Basu
… for the opposite party no.2.

It is evident that the opposite party no.2 in either case has
acted in flagrant violation of the orders of this court and has left the
country in derogation of the condition attached to Section 438(2) of
the Code of Criminal Procedure, 1973. The petitioner in either
present case is the complainant in respect of matters covered by
Section 498A of the Penal Code and related provisions. The
persons who have absconded are the husband and a sister of the
husband of the present petitioner.

The State is represented and it does not appear that the State
was aware that such persons had left the country without obtaining
the leave of the court. It appears that upon the present petitions
being served, the investigating officer made an attempt to contact
the relevant persons.

Let these petitions appear a fortnight hence when the opposite
party no.2 in either case should be present in person.

2

Till the matters are next taken up, all assets and properties of
the opposite party no.2 in either case will remain attached and all
bank accounts standing in the names of the opposite party no.2 in
either case will remain frozen. If such persons (the opposite party
no.2 in either case) jointly own any property or jointly operate any
bank account in this country, the further dealing with such joint
property and the further operation of such joint account will remain
restrained and suspended till expressly vacated by this court.

( Sanjib Banerjee, J. )

( Suvra Ghosh, J. )

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