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 In 2016, this suit was withdrawn and the husband filed a divorce suit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