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5 22.08.2017
an Court No. 34
CRR 442 of 2015
(Supriya Banerjee Ors. vs. The State anr.)
Mr. Uday Sankar Chattopadhyay
Mr. Suman Sankar Chatterjee
Mr. Santanu Maji
Ms. Snigdha Saha
…………. for the Petitioner
Mr. Abhra Mukherjee
Mrs. Debjani Sahoo
………….. for the State
Affidavit of service filed today be kept with the record.
Heard the learned counsel appearing on behalf of the petitioner.
By producing a judgment passed by the learned Additional Sessions
Judge concerned in connection with Sessions Case No. 214/2009, the petitioner
wanted to say that on the self-same ground, the defacto-complainant has filed a
case against them and in which the present petitioner got life imprisonment. Other
family inmates were declared acquitted. Even after that, the case has been
instituted against them under Section 406/34 of the Indian Penal Code also.
In the former case in which the present petitioner was convicted was
also filed under Section 406/34 of the Indian Penal Code. The chargesheet of that
Sessions case has been produced wherefrom it appears that the chargesheet was
submitted against the present petitioner in the former case under Section
498A/302/406/34 of the Indian Penal Code. This factual aspect of the matter has
not been disputed by the State authorities.
In such circumstances, it would be a sheer abuse of process of court to
allow the proceedings to go on.
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Accordingly, the chargesheet in connection with G.R. Case No.
556/2013 is quashed.
Hence, with the above observations, this CRR stands allowed.
Let a copy of this order be forwarded to the learned trial court for
information and necessary action.
Urgent certified photostat copy of this order, if applied for, shall be given
to the parties as expeditiously as possible on compliance of all necessary formalities.
(Siddhartha Chattopadhyay, J.)
