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Smt. Santi Rani Majumder & Anr vs State Of West Bengal & Ors on 2 July, 2019


In The High Court At Calcutta
Criminal Revisional Jurisdiction
CRR 1330 of 2019
Smt. Santi Rani Majumder Anr.
State of West Bengal Ors.

Mr. Dibyendu Nandi
Mr. S. Banerjee
… for the petitioners.

This is an application whereby the petitioners have sought to quash the impugned

complaint dated April 10, 2018 and charge-sheet dated June 22, 2018 in connection with

Durgapaur Police Station Case No. 169 of 2018 under Sections 448/Section341/Section323/Section354/Section506 IPC

pending in the Court of the learned Additional Chief Judicial Magistrate at Durgapur and the

impugned orders dated September 18, 2018 and January 2, 2019 passed therein.

Mr. Dibyendu Nandi, learned advocate appearing for the petitioners submits that the

impugned proceeding has been initiated at the instance of the opposite party no. 2. The opposite

party no. 2 is the mother in-law of the petitioner no. 2 herein and the opposite party nos. 2 and 3

are residents of Burnpur, who were married on or about July 9, 2004.

The grounds taken in this application is that the petition under Section 156(3) CrPC on

the basis of which the case was started before the learned Additional Chief Judicial Magistrate,

Durgapur was lodged with concocted story and outright false with malicious intent.

It is submitted that the petitioner no. 1 is an octogenarian woman whereas serious

allegation has been given against her and her son that on March 5, 2018 at about 2.30 p.m.

they had trespassed into the complainant’s house without prior intimation and held out threat

and abused and on protest they beaten the opposite parties.

It is pointed out that it is not a believable fact that an octogenarian will go with her son to

create such incidents.

It appears that the charge-sheet was submitted against the petitioners under Sections

498A/Section323/Section324/Section427/Section34 IPC and under Section 12 of the Domestic Violence Act which is still

pending before the Judicial Magistrate, 3rd Court Durgapur. The date was fixed for appearance on

January 2, 2019 for appearance and charge.

My attention is also invited to the petition of complaint of Santi Rani Majumder the

petitioner no. 1 herein vide Annexure P-4 which was submitted to the Panchasayer Police Station

but no action was taken on her complaint. So, writ has been preferred being WP No. 1365(W) of

2019 for inaction on the part of the police authority. The order dated February 4, 2019 passed by

the writ Court reveals that the same has been disposed of with the observation that learned

advocate appearing for the State had submitted that on the basis of the written instructions the

complaint of the petitioner was enquired and the private respondents were cautioned by the

police. There are lis between the parties, which is evident from the materials on record.

Let a copy of this application be served on the opposite parties no. 2 and 3 by speed post

with acknowledgement due within two weeks from the date hereof. The petitioners are also

directed to serve a copy of this application to the State/opposite party no. 1 through learned

Public Prosecutor, High Court, Calcutta.

Let there be a stay of the proceeding qua the petitioner no. 1, Shanti Rani Majumdar for a

period of six weeks from the date hereof.

Let the matter will appear on August 20, 2019 under the same heading and the petitioner

shall file an affidavit-of-service on that date.

sh ( Shivakant Prasad, J.)

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