Calcutta High Court (Appellete Side)
Hitesh Sharma vs Unknown on 6 September, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 06.09.2016
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Item No.74 as C.R.R. 2849 of 2016 In Re: An application under Sections 397, 401 and 482 of the Code of Criminal Procedure.
In the matter of : Hitesh Sharma. ... Petitioner.
Mr. Anand Bhandari. ...for the Petitioner. It is submitted on behalf of the petitioner that the parties are residing separately since 2002 and that matrimonial proceeding was instituted by the petitioner at Thane, Maharashtra which came to be transferred to Darjeeling by order passed by the Hon'ble Apex Court. Thereafter, in retaliation the impugned criminal proceeding has been registered after a decade since the couple were residing separately from each other. The impugned proceeding is clearly maliciously in nature and is instituted to wreak vengeance upon the petitioner and to prevent him from contesting the matrimonial suit at Darjeeling, as aforesaid.
Let this matter appear under the heading 'Contested Application' three weeks after Puja vacation.
Copy of the application be served upon the opposite party No.1 through learned Public Prosecutor, High Court, Calcutta and to the opposite party no.2 through registered speed post with acknowledgement due as well as the Office of the Additional 2 Solicitor General and affidavit of service be filed on the next date of hearing.
There shall be stay of further proceeding in G.R. Case No.93 of 2016 corresponding to Darjeeling Sadar Women Police Station Case No.4 of 2016 arising out of F.I.R. No.04/16(GDE No.70/16) dated 5.3.2016 under Sections 498(A)/494/497/506/109 and 34 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Darjeeling till four weeks after the Puja 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.
(Joymalya Bagchi, J.)