District –Nadia

In the High Court at Calcutta

Criminal Revisional Jurisdiction

C.R.A.N. of 2015

C.R.R. 2361of 2015

In the matter of:

An application praying for

extension of the interim order

dated August 17, 2015 as passed

by Hon’ble Justice Joymalya

Bagchi in C.R.R. 2361 of 2015

whereby His Lordship was inter

alia pleased to pass an order of

stay of proceeding in Kotwali

Police Station Case No.796 of

2014 dated 26.9.2014 under

Sections 406/34 of the Indian

Penal Code corresponding to G. R.

No.3955 of 2014 as pending

before the learned Additional

Chief Judicial Magistrate,

Krishnagar, Nadia for a period of

six weeks or until further orders

whichever is earlier;

-And-

In the Matter of:

1. Sri Sumanta Kumar Datta, Son of

Sri Tapas Kumar Datta

2. Sri Tapas Kumar Dutta,Son of

Late Naba Kumar Dutta;

3. Smt. Susama Dutta, Wife of Sri

Tapas Kumar Dutta;

4. Sri Jayanta Kumar Dutta, son of

Sri Tapas Kumar Dutta;

5. Sri Debjani Dutta, wife of Sri

Jayanta Kumar Dutta,

All of B-6/67, Kalyani, near

Congress Road, Post Office and

Police Station- Kalyani, District-

Nadia, PIN –741101;

……Applicant/Petitioners

- Versus -

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Smt. Sarmistha Datta, Wife of Sri

Sumanta Kumar Datta, residing at

Ramsitapara, Nabadwip, Post

Office and Police Station-

Nabadwip, District- Nadia, PIN –

741101;

… Opposite Party

To

The Hon'ble Mrs. Manjula Chellur, Chief Justice and His

Companion Justices of the said Hon'ble Court

The humble petition on behalf of

the Applicant / Petitioner

abovenamed most respectfully –

Sheweth–

1. Your Petitioners have filed the instant Revisional application

praying inter alia for issuance of Rule calling upon the

Opposite Party herein to show cause as to why all

proceedings arising out of and in connection with the

Kotwali Police Station Case No. 796 of 2014 dated 26.09.14,

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under Section 406/34 of the Indian Penal Code shall not be

quashed and upon perusal of the records and on the event

no cause is shown make the Rule absolute and thereby

quash the aforesaid criminal proceedings arising out of and

in connection with the Kotwali Police Station Case No. 796

of 2014 dated 26.09.14.

2. The aforesaid Revisional application came to be taken up

for hearing by His Lordship, the Hon’ble Justice Joymalya

Bagchi on August 17, 2015 and vide order dated August 17,

2015, His Lordship was pleased to inter alia pass the

following order:

“……It has been pleaded in the petition that stridhan

articles have been voluntarily taken away by the opposite

party and accordingly, the alleged offence under Section

406 of the Indian Penal Code is not disclosed.

Let this matter appear as ‘Contested Application’ four

weeks hence. Let copy of the revisional application be

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served upon the opposite party through registered speed

post with acknowledgement due and file affidavit of service

on the next date of hearing.

There shall be stay of proceeding in Kotwali Police Station

Case No. 796 of 2014 dated 26.9.2014 under Sections

406/34 of the Indian Penal Code corresponding to G. R.

No.3955 of 2014 pending before the learned Additional

Chief Judicial Magistrate, Krishnagar, Nadia for a period of

six weeks or until further orders whichever is earlier.

Liberty to pray for extension and/or modification and/or

variation and/or vacating of the interim order upon notice

to the other side……”

A copy of the aforesaid order dated August 17, 2015 as

passed by His Lordship, the Hon’ble Justice Joymalya Bagchi

in C.R.R. 2361 of 2015 as obtained from the official server

of this Hon’ble Court is annexed herewith and is marked as

Annexure ‘A’.

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3. Your Petitioners most respectfully state that the next date

fixed in the Learned Court below in connection with the

instant criminal proceeding is 12.11.2015.

4. Your Petitioners most respectfully state that the aforesaid

interim order of stay is about to expire on September 28,

2015 and it is thus for the interest of justice, the interim

order dated August 17, 2015 as passed by His Lordship, the

Hon’ble Justice Joymalya Bagchi in CRR 2231 of 2015 be

extended till disposal of the instant Revisional application.

5. The instant application is made bona fide and for the ends

of justice.

In the circumstances it is most

respectfully prayed that Your

Lordship may graciously be

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pleased to extend the interim

order dated August 17, 2015 as

passed by His Lordship, the

Hon’ble Justice Joymalya Bagchi in

CRR 2231 of 2015 and/or pass an

interim order of stay of the all

further proceedings arising out of

and in connection with the

Kotwali Police Station Case No.

796 of 2014 dated 26.09.14,

under Section 406/34 of the

Indian Penal Code,till disposal of

the instant Criminal Revisional

application;

And

Pass such other or further order

or orders as your Lordships may

deem fit and proper.

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And for this act of kindness Your Petitioners as in duty bound

shall ever pray.

Affidavit

I, Sri Janmenjay Samanta, Son of late Binod Samanta, aged about

54years by occupation , by faith Hindu, residing at B-

18, Seed Farm Quarter, Kalyani, Post Office and Police Station-

Kalyani, District- Nadia, do hereby solemnly affirm and say as

follows :-

1. That I am the Tadvirkar in the instant petition and am

fully conversant with the facts and circumstances of this matter

and I am competent to affirm this affidavit on behalf of the

Petitioners.

2. That the statements made in paragraph Nos. 1 and 2

are derived from official records and those made in paragraphs 3

and 4 are true to my knowledge as derived from the Petitioners

and the rests are their humble submissions before this Hon'ble

Court.

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Prepared in my office The deponent is known to me

Advocate. Clerk to Mr Advocate

Solemnly affirmed before me

on this the day of September, 2015

Commissioner

District – Nadia

In The High Court at Calcutta

Criminal Revisional Jurisdiction

C.R.A.N. of 2015

C.R.R. No. 2361 of 2015

In the matter of :

An application praying for extension of the order dated August 17, 2015;

And

Inthematterof:

Sri Sumanta Kumar Datta& Others

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... Applicant/Petitioners

- Versus –

Smt. SarmisthaDatta

... Opposite party

Application

Shuvanil Chakraborty, Advocate

Bar Association Room No. 16

High Court, Calcutta

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