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Rajiv Dutta & Ors vs The State Of West Bengal & Anr on 16 August, 2017


C.R.R. 2675 of 2017
175 16.08.2017

rkd Ct. No.28
Rajiv Dutta Ors.


The State of West Bengal Anr.

Mr. R. S. Chattopahdyay,
Mr. S. Banerjee,
Mr. S. Banerjee
….for the petitioner.

It is submitted on behalf of the petitioner that the opposite

party no.2 had initiated a proceeding under Section 498A of the

IPC against them. After they were enlarged on bail the impugned

prosecution was initiated in order to harass and humiliate them.

Uncontroverted allegations relate to incidents prior to lodging of

first information report in the earlier case wherein there is no

whisper of any insinuation against the opposite party no.2

relating to her caste.

Let this matter appear under the heading “Contested

Application” one week after ensuing Puja vacation.

Copy of the petition be served upon opposite party no1

through Public Prosecutor, High Court, Calcutta and upon

opposite party no.2 through registered speed post with

acknowledgement due and affidavit-of-service be filed on the next

date of hearing.

There shall be stay of proceeding in G.R. Case No.1492 of

2017 pending before the court of Learned Additional Chief

Judicial Magistrate, Siliguri, arising out of Siliguri P.S. Case

No.361 of 2017 dated 10.05.2017 under Sections 3(1)(a)/3(1)(g)/

3(1)(r)/3(1)(s)/3(1)(u)/3(1)(z) of Scheduled Caste and the

Scheduled Tribe (Prevention of Atrocities) Act, for a period of two

weeks after ensuing Puja vacation or until further orders,

whichever is earlier.

Liberty to pray for extension, modification, variation and/or

vacating the interim order upon notice to the other side.

Certified copy of this order, if applied for, be given to the

parties on priority basis.

(Joymalya Bagchi, J.)

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