1

16.07.2019
(503)

(ap)
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

Code.

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

not self-defeating.

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.

1
2

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.)

2
3

3
4

4