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46 11.03.2020 C.R.R. 878 of 2020
Court No.32
Aloke
In the matter of: Suchitra Maji Anr.
…Petitioners
Mr. Sourav Chatterjee
Mr. Aniruddha Bhattacharyya
…for the Petitioners.
This is an application for quashing of a proceeding in which a charge-
sheet was submitted under Sections 498A,506,34 of the Indian Penal Code
and under Section 3 and 4 of the Dowry Prohibition Act.
Learned counsel appearing for the petitioners submits as follows. The
present petitioners are the cousin sisters of the husband of the de facto
complainant/opposite party no. 2. Although the only specific roles ascribed
to them are that upon provocation by them and others the husband
demanded dowry and that during her pregnancy the victim was mentally
tortured by the petitioners and others, no mode has been specified or details
have been given as to the nature and timing of such torture. The main
allegation contained in the first information report that was started pursuant
to an order under Section 156(3) of the Code are against the husband and
other in-laws. Any further continuation of the impugned proceeding shall be
an abuse of the process of Court.
Let a copy of this application be served upon the State through the
learned Public Prosecutor and upon opposite party no. 2 by speed post with
acknowledgment due, within a week and affidavit-of-service to that effect
shall be filed on the next date of hearing.
Let this matter appear as ‘Contested Application’ two weeks hence.
The impugned proceeding shall remain stayed so far as the present
petitioners are concerned for a period of five weeks from this date.
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The parties shall be at liberty to pray for extension, modification,
variation and/or vacating the interim order upon notice to the other side.
Urgent photostat certified copy of this order, if applied for, be supplied
to the parties upon usual undertakings.
(Jay Sengupta, J.)