Crt.33 CRR No. 3592 of 2019
In the matter of : Sri Alup Kumar Bhattacharjee Anr.
– 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
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. )