Calcutta High Court (Appellete Side)
Md. Golam Mortaja Mallick @ Laltu & Ors vs The State Of West Bengal & Anr on 16 April, 2019
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
16.4.2019
177
Ct-42
ar C.R.R 3573 of 2018
Md. Golam Mortaja Mallick @ Laltu & Ors.
Vs.
The State of West Bengal & Anr.
Mr. Soumya Ray
Mr. Subhrajit Saha
Mr. Rajnil Mukherjee
Ms. Sibangi Chattopadhyay ... For the Petitioners
Mr. Arun Kumar Maiti, Ld.APP
Ms. Sukanya Bhattacharya ... For the State
The revisional application relates to quashing of the
proceedings being G.R. Case No. 241/2007 pending before the
learned Chief Judicial Magistrate, Barasat, arising out of Habra
P.S Case No. 23 of 2007 dated 1.02.2007 under Sections
493/376/506/34 of the Indian Penal Code.
On an earlier occasion when the matter was taken up a
report was called for from the Officer-in-Charge of Habra police
station. Accordingly, a status report has been submitted.
From the status report dated 09.4.2019 it is reflected that
prior to submission of charge sheet in connection with the case a
compromise petition was filed by the complainant Sabina Bibi.
The status report also reflects that the accused also made an
application to the Officer-in-Charge of Habra police station stating
that he admits Golam Mustakin Mallick as his son and Sabina
Bibi as his wife and they are living together. A photostate copy of
marriage certificate dated 22.5.2010 and birth certificate of a child
issued on 29.5.2014 are also enclosed along with the report dated
16.4.2019.
Let the status report dated 09.4.2019 along with the report of the Inspector-in-Charge of Habra Police Station dated 16.4.2019 be kept on record.
I have perused the case diary and the statement of the victim under Section 164 Cr.P.C, which reflects that the dispute arose because of cohabitation for not marrying the victim and a promise was made prior to her cohabitation.
Considering the social consequences of the fact that the accused and the victim are leading a conjugal life I direct that the warrant of arrest/warrant proclamation attachment which is pending for execution before the learned C.J.M, Barasat, North 24 Parganas, be stayed for a period of four weeks.
If the petitioners being Md. Golam Mortaja Mallick @ Laltu Mallick @ Md. Golam Mortoza, Md. Kashem Ali Mallick @ Kasem Ali Mallick and Md. Golam Mostafa Mallick surrender before the learned C.J.M, Barasat, learned C.J.M would release them on bail on such condition as he thinks fit and proper.
Considering the fact that for taking the case to its logical conclusion the procedure of deposition of the defacto complainant Sabina Bibi cannot be evaded in a court of law.
It is directed that after surrender of all the accused persons the learned C.J.M, Barasat, would take all possible steps so that the case is committed to the Court of learned District and Sessions Judge, Barasat, North 24 Parganas, who on receipt of the records would take further steps so that the trial is concluded as early as possible without granting any unnecessary adjournment to either of the parties.
With the aforesaid observation, the revisional application being CRR 3573 of 2018 is disposed of.
Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Tirthankar Ghosh,J.)