ct. no..33 CRR 3364 of 2019
In the matter of : Sanjay Gain Ors.
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.)