C.R.R. 511 of 2019
Ct. No. 29
In the matter of:- Sri Nirendra Mohan Saha Ors.
Mr. Devajyoti Barman
Ms. Sanjukta Basu Mallick …. For the petitioners.
The learned advocate appearing on behalf of the petitioners files a
certified copy of the latest order sheet which is taken on record.
This is an application for quashing of a proceeding where a charge
sheet was submitted under sections 406, 498A and 34 of the Indian Penal
The learned advocate appearing on behalf of the petitioners submits
as follows. The petitioners are the other in-laws, except the husband, of
the de facto complainant / opposite party no. 2. In 2015 the de facto
complainant lodged a First Information Report against her husband and
the other in-laws being the present petitioners. Among other things, she
alleged that the accused had suppressed the breathing problem and other
ailments that the husband had. The also allegedly lied about the
husband’s job status and even tried keep away wife from the husband for
sometime. The allegations of neglect and torture against the other in-laws
are absolutely commonplace. No specific role alleging commission of any
offence was ascribed to the petitioners, especially to the petitioner no. 5.
The rest of the allegations are mainly against the husband. The other in-
laws have been needlessly entangled in this case. No prima facie case is
made out against the petitioners as would be evident from a plain reading
of the First Information Report and the Charge Sheet. Any further
continuation of the impugned proceeding shall be an abuse process of the
Let the petitioners serve a copy of this application upon the State
through the learned Public Prosecutor and upon the opposite party no. 2
by speed post with acknowledgement due, within a week. An affidavit of
service to that effect shall be filed on the next date of hearing.
Let this matter appear under the heading ‘Contested Application’ two
The petitioners shall be at liberty to pray for stay after service of
notice upon the other side.
Urgent photostat certified copy of this order may be supplied to the
parties expeditiously, if applied for.
(Jay Sengupta, J.)