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SUPREME COURT OF INDIA
Kuldip Singh and S. Saghir Ahmad, JJ.
Mohd. Karim Ghazi - Appellant
Versus
Sushmita Ghosh and others - Respondents
I.A. Nos. 2 and 3 in R.P. (C) No. 1310 of 1995 in W.P. (C) No. 509 of 1992.
Decided On : 12-10-1995
Stay of Criminal Proceedings - Review Petition - Indian Penal Code
Fact of the Case:
The petitioner, along with his parents and other relations, was being prosecuted under Section 494 read with Section 109 of the Indian Penal Code in a pending case before the Chief Judicial Magistrate, Barasat (West Bengal). The petitioner sought a stay on the criminal proceedings during the pendency of the review petition.
Finding of the Court:
The court found that it would be in the interest of justice to stay the criminal proceedings before the Chief Judicial Magistrate during the pendency of the review petition.
Issues: The main issue was whether the criminal proceedings should be stayed during the pendency of the review petition.
Ratio Decidendi: The court's decision was influenced by the interest of justice and the pendency of the review petition, leading to the stay of the criminal proceedings.
Final Decision: The court ordered a stay on the criminal proceedings before the Chief Judicial Magistrate during the pendency of the review petition.
JUDGMENT :
1. I.A. No. 2 is adjourned and to be listed along with writ petition.
2. We have already issued limited notices in the review petition on a constitutional question. In this application, the petitioner states that he, his parents and other relations are being prosecuted under Section 494 read with Section 109 of the Indian Penal Code and the Case No. 578/95 entitled Sushmita Ghosh v. G.C. Ghosh & Ors. is pending before the Chief Judicial Magistrate, Barasat (West Bengal). We are of the view that it would be in the interest of justice to stay the criminal proceedings before the Chief Judicial Magistrate during the pendency of the review petition. We order accordingly.
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