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2011 Supreme(Cal) 65

KANCHAN CHAKRABORTY
Deoki Bazaz – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
Rabi Sankar Chattopadhyay, Uday Sankar Chattopadhyay, Swapan Kumar Mallick

JUDGMENT

KANCHAN CHAKRABORTY, J.

1. THIS application under Section 482 Cr.P.C. is taken out by one Deoki Bazaz @ Deoki Nandan Bazaz and Priti Bazaz praying for quashing of the proceedings in G.R. Case no. 179 of 2008 arising out of Raghunathpur P.S. Case no. 37 of 2008 dated 1.5.2008 under Section 498 A/34 I.P.C. , pending in the Court of learned ACJM, Raghunathpur, Purulia.

2. MR. Rabi Sankar Chattopadhyay, learned Counsel for the petitioners makes two fold contention. The first point raised is that neither Raghunathpur P.S. has jurisdiction to investigate into the case nor the learned ACJM Raghunathpur has jurisdiction to take cognizance over the offence alleged so far as the petitioners are concerned. His second point of contention is that if the face value of the averments made in the FIR is considered, it will be found that there is no prima facie case under Section 498 A I.P.C. against the petitioners. The entire process, according to MR. Chattopadhyay, is illegal, irregular, beyond jurisdiction and is liable to be quashed for being abuse of process of the Court. Mr. Swapan Kumar Mallick, the learned Advocate for the State submits that an offence under Section 498 A I.P.C. is















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