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Vivekananda Das vs The State Of West Bengal & Anr on 6 July, 2018

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06-07-2018
Sl. no.105
Ct. No. 35
aks..

C.R.R. 369 of 2018

Vivekananda Das
Vs.

The State of West Bengal Anr.

Mr. Shiv Shankar Banerjee
Mr. Basabraj Chakraborty
Ms. Ujjaini Chatterjee
… for the petitioner.

Mr. Rana Mukherjee
Mr. Iqbal Kabir
… for the State.

This is an application under Section 482 of the Code of Criminal Procedure

for quashing of the proceeding in connection with Baishnabnagar Police Station

Case no. 758 of 2017 dated 12th October, 2017 under Sections 498A/494/34 of

the Indian Penal Code.

Learned Advocate for the petitioner submits that by order dated 13th

September, 2013 the learned Additional District Judge, 4th Court, Malda passed

an ex parte decree of divorce in favour of the petitioner. Though the opposite

party no. 2/wife initially appeared in Matrimonial Suit no. 474 of 2012 but later

she remained absent for the reasons best known to her and she had not taken

any steps to challenge the decree of divorce passed on 13th September, 2013.

Suddenly, in the month of October, 2017 the opposite party no. 2/wife decided to
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file a case being Baishnabnagar Police Station Case no. 758 of 2017

corresponding to G.R. Case no. 4557 of 2017 against the petitioner/husband

under Sections 498A/494/34 of the Indian Penal Code, 1860 which was

challenged by the petitioner in the instant application.

Mr. Rana Mukherjee, learned Additional Public Prosecutor, appears for the

State/opposite party no. 1. No one appears for the opposite party no. 2/wife.

The petitioner is directed to serve a copy of the application along with a

copy of this order upon the opposite party no. 2/wife.

Learned Advocate for the State is directed to produce the case diary of

Baishnabnagar Police Station Case no. 758 of 2017 dated 12th October, 2017 on

the next date of hearing.

Let there be a stay of all further proceedings in connection with

Baishnabnagar Police Station Case no. 758 of 2017 dated 12th October, 2017

corresponding to G.R. Case No. 4557 of 2017 till 30th September, 2018.

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

variation and/or modification and/or cancellation of this order upon notice to the

other side.

Let the matter appear in the list on August 3, 2018.

( Rajarshi Bharadwaj, J.)
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