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Judgments of Supreme Court of India and High Courts

Prithvish Roy vs Unknown on 27 March, 2019

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27.03.2019

CRR 647 of 2019
Ct. No. 29
In the matter of:- Prithvish Roy …petitioner

Mr. Dipanjan Datta,
Ms. Rituparna Saha.

…for the petitioner.

The learned Advocate appearing on behalf of the petitioner files a

supplementary affidavit incorporating certified copies of the order sheet

and the petition of complaint in the impugned proceedings. The same is

taken on record.

This is an application praying for quashing of a complaint case under

Sections 323, 498A, 406, 506 and Section 34 of the Penal Code.

The learned Advocate appearing on behalf of the petitioner submits

as follows. The petitioner is the husband of the complainant/opposite party

no.2. In 2013, the couple got married. After the wife left the matrimonial

home in 2015, the husband filed an application for restoration of conjugal

rights. In 2016, this suit was withdrawn and the husband filed a divorce suit

against the wife. In the meantime, the wife came back to the matrimonial

home for a single day and took away some documents and jewellery, which

did not constitute her streedhan articles. Accordingly, the petitioner lodged a

First Information Report against the wife under Section 409 and 109 of the

Penal Code. A charge sheet was submitted in that case. The wife thereafter

prayed for transfer of the divorce suit, which is presently pending before the

Hon’ble Apex Court. After all these, the present complainant filed an

application under Section 156(3) of the Code against the present petitioner

and others making similar allegations as contained in this present

proceeding. After rejection of the same she filed the present petition of

complaint. This is clearly a counter blast against the proceeding initiated by

the present petitioner earlier. Even Section 202 of the Code was not

complied with although the petitioner was admittedly staying beyond the

territorial jurisdiction of the learned Magistrate. No prima facie case is made
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out against the present petitioner as would be evident from a plain reading of

the petition of complaint.

Let the petitioner serve a copy of this application upon the State

through the learned Public Prosecutor and upon the added opposite party

no.2 by speed post with acknowledgment due, within a week. An affidavit

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

Let this matter appear as a ‘Contested Application’ two weeks

hence.

The impugned proceeding shall remain stayed for a period of six

weeks from this date.

The parties shall be at liberty to pray for extension or modification

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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