Calcutta High Court (Appellete Side)
Smt. Kamala Debnath & Anr vs State Of West Bengal & Anr on 2 March, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 02.03.2016
Ct.28 RP 89 CRR 571 of 2016 Smt. Kamala Debnath & Anr.
Vs. State of West Bengal & Anr.
Mr. Sourav Chatterjee Mr. Utsav Ghosh .... For the Petitioners It is submitted on behalf of the petitioners that the petitioners had been vexed with similar proceeding earlier and parties had subsequently resolved their matrimonial dispute. Prayer for discharge of the petitioners was mechanically rejected by the learned Judicial Magistrate without assigning reasons.
Let this matter appear under the heading "Contested Application" after four weeks.
A copy of the petition be served upon the opposite party/State through Public Prosecutor, High Court, Calcutta and the opposite party no.2 by registered post with acknowledgement due and affidavit-of-service be filed on the next date of hearing.
2There shall be stay of proceedings in GR Case No.4524/13 arising out of Barrackpore Police Station Case No. 133 of 2013 dated 13.9.2013 under Sections 498A/506/406/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act pending before the Court of the Learned Judicial Magistrate, 4th Court, Barrackpore, North 24 Parganas for a period of six weeks or until further order whichever is earlier.
Liberty to pray for extension, modification, variation and/or vacating the interim order upon notice to the other side.
Urgent certified photocopy of this order, if applied for, be delivered to the learned Advocate for the petitioner, upon compliance of all formalities.
(Joymalya Bagchi, J.) 3