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Judgments of Supreme Court of India and High Courts

Sri Alup Kumar Bhattacharjee & Anr vs Mr. Souvik Mitra on 11 December, 2019




Crt.33 CRR No. 3592 of 2019

In the matter of : Sri Alup Kumar Bhattacharjee Anr.

….. Petitioners.

– And –

Mr. Souvik Mitra
Mr. Tapas Maity

….. For the Petitioners.

This is an application under Section 482 of the Code

of Criminal Procedure filed by the petitioners praying for

quashing of the proceedings arising out of MDP All Women P.S.

case no. 16 of 2018 dated March 10, 2018 under Sections

498A, Section406, Section509 of the Indian Penal Code and 3,4 of the SectionDowry

Prohibition Act.

The petitioners also challenged the orders dated August

30, and September 30 of 2019 passed by the learned Chief

Judicial Magistrate, Paschim Medinipur in connection with the

above mentioned proceedings.

Learned counsel appearing for the petitioners submits

that the marriage between the petitioner No.1 and opposite

party No.2 dissolved by a decree of divorce in the year 2015.

According to the contention, the proceedings have been

initiated falsely against the present petitioners suppressing the

fact of divorce.

Having regard to the submissions made by learned

Counsel appearing for the petitioners and considering the

materials placed on record, the petitioners are directed to serve

copies of the present application along with all annexed

documents to the opposite party no.1, the State of West Bengal

through the office of the learned Public Prosecutor, High Court,

Calcutta and also to the opposite party no.2 by speed post with

acknowledgement due within a period of one week from date

and to file affidavit of service before this court one week after


The matter will appear under the same heading two

weeks after Vacation.

The petitioners are given liberty to pray for stay upon

service of notices to the opposite parties.

Urgent photostat certified copy of this order, if applied

for, be given to the learned counsel for the parties as

expeditiously as possible upon compliance of usual formalities.

( Madhumati Mitra, J. )

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