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.)