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Judgments of Supreme Court of India and High Courts

(Sagarika Mitra vs State And Another) on 30 September, 2019

1

30.09.2019
53

Ct-33
pk C.R.R. 2107 of 2019

(Sagarika Mitra Vs. State and another)

Mr. Saryati Datta,
Ms. Rajnandini Das,
Ms. Sailja Kothari
…for the petitioner

Ms. Sayanti Santra
… for the State.

Affidavit of service filed in Court today be kept with the record. It indicates that the postal

article has been refused by the opposite party/complainant. The track report indicates that the door

is locked.

The revisionist is the sister-in-law and accused in a proceeding under Sections 498A/Section406

of the Indian Penal Code. The other accused persons are the husband, father-in-law, mother-in-law

and the brother-in-law. Although some statements of alleged abuse are evident in the original

complaint against the revisionist, in the statement under Section 161 of Cr. P. C. produced along

with the case diary by the State, the only allegation against the revisionist is that she had

complained of misbehaviour by her husband to the sister-in-law/revisionist, who did not pay any

heed to the same.

This, according to this Court, cannot amount to any offence under Sections 498A/Section406 of

the Indian Penal Code.

This Court, therefore, is satisfied that even a prima facie case is not made out against the

revisionist, if one compares the complaint and the statement given by the de facto complainant

under Section 161 of the Cr. P. C.

In those circumstances, there shall be a stay of all further proceeding against the

revisionist in G. R. Case No. 3290 of 2014 now pending before the court of the learned Additional

Chief Judicial Magistrate, Baruipur, South 24 Parganas for a period of six weeks after long Puja

Vacation.

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Let this matter appear in the list as “Contested Application” two weeks after long Puja

Vacation.

In view of the stay granted herein above, it is made clear that the pending proceeding

shall not stand in the way of the petitioner pursuing higher studies in India.

The petitioner shall serve a copy of this order on the complainant/opposite party.

(Rajasekhar Mantha, J.)

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