Crt.33 CRR No. 3602 of 2019
In the matter of : Sri Manoranjan Pal Anr.
– 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
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
and to file affidavit of service before this court two weeks after
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. )