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2003 Supreme(Cal) 282

P.K.BISWAS
SHYMAL GUIN – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
DILIP BANERJI, HIMANSHU DE, PARUL BANERJI, SUMAN DE

PRADIP KUMAR BISWAS, J.

( 1 ) PARTIES are present before me through their learned Advocates. Heard them at length.

( 2 ) THIS is an application under sections 401 and 482 of the Code of Criminal procedure filed at the instance of the accused-petitioner, Shymal Guin and 2 others, seeking for quashing of the proceeding being G. R. Case No. 1942 of 2001 under sections 498a/406 of the Indian Penal Code and for setting aside of the order dated 25-7-2002 taking cognizance for the second time after the supplementary chargesheet under sections 498a/406/307 of the Indian Penal code was submitted.

( 3 ) THE short facts leading to the filing of this application are as under : the opposite party No. 2, Smt. Sonali Guin, lodged a petition of complaint on 21-11-2001 before the learned S. D. J. M. Serampore being C. R. case No. 396 of 2001 against the present petitioners alleging inter alia that her marriage took place on 19-11-1999 and a huge dowry was given during her marriage. But even thereafter the accused-petitioners started torture and the accused-petitioner no. 3 demanded Rs. 3 lakhs and for not providing the said amount, the opposite party No. 2 was also assaulted.

( 4 ) AGAIN, on 18









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