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Showing contexts for: ARAMBAG in Rajib Kumar Sinha & Ors vs The State Of West Bengal & Anr on 15 November, 2017Matching Fragments
The petitioners have filed this application under Section 482 of the Code of Criminal Procedure for quashing the entire proceedings arising out of Arambag Women police station case no. 05 of 2016 dated 25.01.2016 under Section 498A/323/406/506/34 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act corresponding to GR case no. 178 of 2016, culminated in charge sheet no. 25 of 2016 dated 27th June, 2016, pending before the Court of learned Additional Chief Judicial Magistrate, Arambag, Hooghly on the ground that opposite party no.2 had filed a case under Section 498A/406 of the Indian Penal Code against the present petitioner but the same was subsequently compromised between the parties and the petitioners were acquitted from that case. The opposite party no.2 has again filed a case under Section 498A of the Indian Penal Code against the present petitioner with the self-same allegations and accordingly in view of Section 300 of the Code of Criminal procedure read with Article 20(2) of the Constitution of India the petitioners cannot be subjected to double jeopardy and the case under reference ought to be quashed forthwith. Learned Advocate Mr. Koushik Dey appearing on behalf of the petitioners contended that the petitioners cannot be subjected to double jeopardy and since the opposite party no.2 has filed another case with the self-same allegations against the petitioners, the entire case ought to be quashed in view of the protection given under Article 20(2) of the Constitution of India read with Section 300 of the Code of Criminal Procedure.
The revisional application being devoid of merit is dismissed. The CRAN No.4871 of 2016 is accordingly disposed of.
Let a copy be forwarded to the Learned Additional Chief Judicial Magistrate, Arambag, Hooghly for information and necessary action.
Stay order if there by any is vacated.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible (Debi Prosad Dey, J.)