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2002 Supreme(Cal) 434

JOYTOSH BANERJEE
Manju Rani Gharami – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Mr. Joymalya Bagchi for the Petitioner
Mr. Himangsu De, Ms. Gargi Bhattacharjee and Mr. Iqbal Hossain for the Opposite Party

JUDGMENT

The present hearing arises out of an application under Section 482 of the Code of Criminal Procedure, 1973, whereby the petitioner Manju Rani Gharami has prayed for quashing of proceedings in G.R. Case No. 2201 of 2002 pending before the Sub-Divisional Judicial Magistrate, Barrackpore under Sections 363/365/366/368/380/120B of the Indian Penal Code.

2. Shortly put the background leading to the filing of the present petition is as follows :–

That the petitioner is legally married wife of the defacto-complainant of the aforesaid case Supriti Ranjan Gharami of Sukantanagore, P.S. Kharda, District-North 24-Parganas. On or about 1997 while living with her husband, she gave birth to a child Sarnali Gharami @ Rini. It is alleged that the matrimonial life of the said couple was not at all happy as the husband used to subject the petitioner to mental and physical torture on various grounds. The people of the locality including Dr. Shankar Prosad Das protested against such conduct of the petitioner's husband Supriti Ranjan Gharami (O.P.2), who took out an application under Section 156 subsection (3) of the Code of Criminal procedure before the S.D.J.M., Barrackpore alleging commission







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