Calcutta High Court (Appellete Side)
Sri Manas Kumar Das @ Manash Kumar Das vs The State Of West Bengal & Anr on 14 June, 2018
Author: Jay Sengupta
Bench: Jay Sengupta
1 14.06.2018(81)
(ap) C.R.R. No. 482 of 2018 Sri Manas Kumar Das @ Manash Kumar Das Versus The State of West Bengal & Anr. Re: An application under Section 482 of the Code of Criminal Procedure filed on 12.02.2018 Mr. Devojyoti Barman, Mr. Anil Dey, Ms. Sanjukta Basu.
...For the petitioner.
This is an application for quashing of a proceeding in a case under Sections 341/323/509/376 read with Sections 511/34 of the Indian Penal Code.
The learned Advocate appearing on behalf of the petitioner submits that multiple cases had been started by the opposite party no.2 against him only to harass and annoy. He further submits that so far as the present proceeding is concerned, there is no ingredient of Section 376 read with Section 511 and Section 509 of the Indian Penal Code made out against the present petitioner even prima facie.
The learned Advocate for the petitioner submits that the fact that this petitioner happens 1 2 to be the husband of the opposite party no.2 has also been suppressed from the first information report.
I have perused the petition and gone through the first information report and other papers annexed to this revisional application.
The petitioner is directed to serve notice along with a copy of the revisional application upon the opposite party no.1/State through learned Public Prosecutor, High Court, Calcutta as well as upon the opposite party no.2 by registered speed post with acknowledgment due within a week from this date and file affidavit-of- service to that effect on the next date of hearing.
Let this matter come up as "Contested Application" five weeks hence.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertakings.
(Jay Sengupta, J.) 2 3 3 4 4