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Tapas Biwas & Ors vs Unknown on 15 May, 2017




C.R.R. 1562 of 2017

In Re: An application under Section 482 of the Code of Criminal

In the matter of : Tapas Biwas Ors.

… Petitioners.

Mr. Arindam Sen,
Mr. Sourav Basu,
Mr. Anirban Guha Thakurata.

…for the Petitioners.

It is submitted on behalf of the petitioners that an ex-parte

decree of divorce was passed against the opposite party no.2 which

is presently being contested in an application for setting aside the

ex-parte decree. One year after the said decree was passed, the

impugned criminal proceeding has been instituted in a malicious

manner to wreak vengeance upon the petitioners and to harass

and humiliate them in the eye of the society.

Let this matter appear under the heading ‘Contested

Application’ four weeks after vacation.

Copy of the application be served upon the opposite party

no.1 through learned Public Prosecutor, High Court, Calcutta and

upon the opposite party no.2 through registered speed post with

acknowledgement due and affidavit of service be filed on the next

date of hearing.


There shall be stay of the proceeding in Burdwan Women

Police Station Case No.79 dated 12.2.2016 pending before the

learned Chief Judicial Magistrate, Burdwan under Section

120B/406/498A/506/504/34 of the Indian Penal Code for a

period of six weeks after summer vacation or until further order,

whichever is earlier.

Liberty is given to the parties to apply for extension and/or

modification and/or variation and/or vacation of this order upon

notice to the other side.

Urgent photostat certified copy of this order, if applied for,

shall be given to the parties, as expeditiously as possible on

compliance of all necessary formalities.

(Joymalya Bagchi, J.)

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