SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sanjay Gain & Ors vs Unknown on 20 November, 2019




ct. no..33 CRR 3364 of 2019

In the matter of : Sanjay Gain Ors.
… Petitioners

Mr. Rudradipta Nandy
Ms. Munmun Basu
… For the petitioners

The petitioners being the husband and in-laws of the de-

facto complainant have approached before this Court for

quashing of the proceedings, being G.R. Case No.1881 of

2017 arising out of Bamangola Police Station Case No.83 of

2017 dated 01.05.2017 under Sections 498A/Section323/Section34 of the

Indian Penal Code pending before the learned Judicial

Magistrate, 2nd Court, Malda.

Learned advocate appearing for the petitioners submits

before the Court that the petitioners have been falsely

implicated in the instant case. According to his contention,

the de facto complainant (wife of the petitioner no.1) is in the

habit of lodging false FIR one after another implicating her

husband, in-laws and neighbours.

On perusal of the case record, it appears that in the

instant case investigation ended in submission of charge

sheet against the present petitioners for commission of the

alleged offences punishable under Sections 498A/Section323/Section34 of

the Indian Penal Code.

Having regard to the submission made by learned

advocate appearing for the petitioners and considering the

materials placed on record, the petitioners are directed to

serve copies of the present application along with the annexed

documents upon the State of West Bengal through the office

of the learned Public Prosecutor and the opposite party/de

facto complainant by speed post with acknowledgement due

within one week from today and to file an affidavit of service

within four weeks from date.

Let the matter appear in the list after four weeks under

the same heading.

Petitioners are given liberty to pray for stay upon service

of notices to the opposite parties.

(Madhumati Mitra, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2022 SC and HC Judgments Online at MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation