C.R.R. No. 1377 of 2019
In re : Sk Aziz Ali Ors. … Petitioners.
Re: Application under Section 401 read with Section 482 of the Code
of Criminal Procedure filed on 13.06.2019
Mr. Soumyajit Das Mahapatra. …for the petitioners.
Mr. Bidyut Kumar Roy,
Mrs. Rita Dutta.
…for the State.
The revisionists are eight persons, who have been impleaded
themselves jointly challenging a final report and charge-sheet dated
2nd December, 2017 lodged against them under Sections
498A/Section406/Section354/Section354B/Section504 read with Section 34 of the Indian Penal
The petitioners would want to demonstrate before me that two
of the sisters-in-law and their husbands reside elsewhere and hence
could not be charged with cruelty or harassment under Section 498A
of the Indian Penal Code.
The propriety of the petitioners choosing to implead themselves
in a single petition challenging the charge-sheet is questionable, if
Considering paragraph 8 of the application under Section
156(3) of the Code of Criminal Procedure, this Court is not inclined to
stay the proceeding at this stage.
Counsel for the petitioners relies upon a judgment of the
Supreme Court in the case of Geeta Mehrotra Anr. – Vs. State of
Uttar Pradesh Anr. reported in (2012) 10 Supreme Court Cases
741 particularly paragraphs 20, 24 and 25 thereof.
I find from the facts of the case and the allegations in the
petition under Section 156(3) of the Code of Criminal Procedure that
the reference to the role of the sisters-in-law is not a casual one.
These are, however, prima facie findings.
In those circumstances, the matter shall be decided as a
“Contested Application” six weeks hence.
The petitioners are directed to serve a copy of this application
upon the opposite party no.2 by Registered Speed Post with
Acknowledgement Due Card and to file affidavit-of-service on the next
date of hearing.
Urgent photostat certified copy of this order, if applied for, be
given to the parties upon compliance of all formalities.
(Rajasekhar Mantha, J.)