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Sri Manoranjan Pal & Anr vs Mr. Soumik Pramanick on 11 December, 2019

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11-12-2019
46

b.r.

Crt.33 CRR No. 3602 of 2019

In the matter of : Sri Manoranjan Pal Anr.

….. Petitioners.

– And –

Mr. Soumik Pramanick

….. For the Petitioners.

This is an application under Section 401 read with

Section 482 of the Code of Criminal Procedure filed by the

petitioners challenging the impugned judgement and order

dated November 2, 2019 passed by the learned Additional

Sessions Judge, Bishnupur in Criminal Appeal No. 06 of 2016.

By the impugned judgement and order, the learned Judge

affirmed the judgment of conviction and sentence passed by

the learned Judicial Magistrate, 2nd Court, Bishnupur in

connection with G.R. Case No. 165 of 2010 arising out of

Joypur Police Station Case No. 14 of 2010 dated 4th April, 2010

under Section 498A/Section34 of the Indian Penal Code.

The petitioners before this Court are the husband and

mother-in-law of the de facto complainant. They have been
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convicted and sentenced to suffer simple imprisonment for two

months and to pay fine of Rs.2000/- each in default to suffer

simple imprisonment for another one month.

Learned Counsel appearing for the petitioners submits

that both the learned Courts below have failed to appreciate

the evidence on record. According to his contention, the

prosecution has failed to prove the allegations against the

petitioners beyond all reasonable doubt and the judgement of

conviction and order of sentence are liable to be set aside.

I have gone through the impugned judgement passed by

the learned Additional Sessions Judge, Bishnupur. From the

ordering portion of the said judgement, it appears that the

present petitioners were directed to surrender before the

learned trial court on December 15, 2019 to serve out the

remaining period of sentence not served earlier.

Considering the urgency of the matter 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
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and to file affidavit of service before this court two weeks after

Vacation.

The matter will appear under the same heading four

weeks after Vacation.

The operative portion of the impugned judgement and

sentence be stayed for a period of four weeks from date.

The petitioners are directed to communicate the gist of

the order 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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