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Subham Roy Chowdhury & Anr vs The State Of West Bengal & Anr on 30 October, 2019

1

30-10-2019

ct no. 33
sl.87
sp

C.R.R. No. 321 of 2019

Subham Roy Chowdhury Anr.

Versus
The State of West Bengal Anr.

Mr. Sabyasachi Banerjee,
Mr. Ajoy Roy Chowdhury
… for the Petitioners
Mr. Saswata Gopal Mukherjee, ld. P.P.,
Ms. Debjani Sahu
… for the State

The revisionist is aggrieved by T.R. Case No. 130 of

2017 corresponding to ACGR Case No. 4107 of 2016 arising

out of Haridevpur Police Station Case No. 424 of 2016 under

Sections 498A, Section406 and Section34 of the Indian Penal Code.

The facts of the case are, inter alia, that the

revisionist-husband was residing in the United States

initially and working thereat and thereafter in the United

Kingdom. A marriage was solemnized between the

revisionist no. 1 and the opposite party no. 2 on February

22, 2016. Within 5 days of marriage, the opposite party no. 2
2

went back to her paternal house for some medical test. It

subsequently transpired that the opposite party no. 2 was

suffered from RELAPSED ITP-POST SPLENECTOMY

(advanced stage of cancer) for 9 years prior to marriage.

The revisionist upon discovery of the aforesaid facts

felt deceived and filed for nullity of marriage being Mat Suit

No. 42 of 2016, now pending before the learned Additional

District Judge, 5th Court, Alipore, South 24 Parganas.

Prima facie it appears that the allegation of

harassment under Sections 498A read with Section 406 of

the Indian Penal Code that appear to have occurred within 5

days of marriage are rather farfetched particularly, in the

background of the serious illness being suffered by the

opposite party no. 2 for 9 years prior to the marriage.

In those circumstances, there shall be a stay of

further proceedings in T.R. Case No. 130 of 2017

corresponding to ACGR Case No. 4107 of 2016 arising out of

Haridevpur Police Station Case No. 424 of 2016 for a period

of 12 weeks from date.

3

The petitioner shall serve notice of this application on

the opposite party no. 2 by registered Speed Post with

Acknowledgement Due.

Let this matter stand adjourned and be listed 6

weeks hence as a “contested application”.

Urgent photostat certified copy of this order, if

applied for, be given to the parties on usual undertaking.

(Rajasekhar Mantha, J.)

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