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Sri Nirendra Mohan Saha & Ors vs Unknown on 11 April, 2019

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28 11.04.2019

C.R.R. 511 of 2019
SB
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

Code.

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
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continuation of the impugned proceeding shall be an abuse process of the

Court.

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

weeks hence.

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.)

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