Calcutta High Court (Appellete Side)
Madhusudan Das vs State Of West Bengal & Anr on 9 January, 2018
Author: Debi Prosad Dey
Bench: Debi Prosad Dey
1 9.1.2018
p.b.
Ct. No. 35
CRR 48 of 2018 Madhusudan Das Vs. State of West Bengal & Anr.
Mr. Sabir Ahmed.
.....for the petitioner.
This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure for quashing of the proceeding being G.R. Case No.4314 of 2014 corresponding to Charge Sheet No.593 of 2017 dated 17th July, 2017 under Sections 323/325/420/406/504/506/ 120B of the Indian Penal Code in connection with Khardah Police Station Case No.752 of 2014 dated 12th August, 2014 under Sections 323/325/420/406/504/506/ 120B of the Indian Penal Code now pending before the learned Chief Judicial Magistrate, Barrackpore, North 24 Parganas on the ground that on earlier occasion another case was filed by the defacto complainant against one Moloy Chakraborty and Mita Chakraborty showing the selfsame time and place of occurrence and the petitioner was shown as one of the witnesses of her case, but after one year, the selfsame allegations have been levelled against the present petitioner showing the 2 selfsame date, time and place of occurrence now impleading the present petitioner as principal accused.
It is, therefore, crystal clear that two cases have been started showing the selfsame date, time and place of occurrence but impleading two persons. The earlier case has already been ended in filing of charge sheet. In that view of the case, I find sufficient justification to stay further proceeding of this case being G.R. Case No.4314 of 2014 pending in the Court of learned Additional Chief Judicial Magistrate, Barrackpore for a period of eight weeks.
The petitioner is directed to serve copy of the application along with annexures on the opposite party no.2 by speed post with acknowledgement due and on the opposite party State through learned Public Prosecutor within two weeks and to file affidavit of service on the next date of hearing.
List the matter under the heading "Contested Application" after expiry of four weeks.
(Debi Prosad Dey, J.)