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2023 Supreme(Cal) 163

SHAMPA DUTT (PAUL)
Samita Roy – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Mayukh Mukherjee, Mr. Abhishek Dutt, Ms. Rupa Singh.
For the Respondent: Mr. Ayan Basu, Mr. Koushik Bhattacharyya, Mr. Sumit Routh.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the proceeding being Complaint Case No. 41 of 2018 under Sections 323/498A/406/506/34 of the Indian Penal Code, 1860 pending before the Court of the Learned Judicial Magistrate, First Class First Court at Barrackpore.

2. The petitioner’s case is that the petitioner no. 1 is the mother-in-law of the opposite party no. 2 and is a septuagenarian and a patient of brain stroke (transient ischemic attack (TIA)) since last ten years. She is also suffering from acute Arthritis due to degenerate bone disease, resulting in severe disability and is mostly moving on wheel chair.

3. The petitioner no. 2 is the unmarried sister-in-law of the opposite party no. 2. She is an MBA graduate and does not reside at the aforementioned address on a regular basis as she is on marketing job which involves extensive travelling from Hyderabad to Delhi, Visakhapatnam, Warangal and many other places in India.

4. On February 6, 2018 the opposite party no. 2 herein filed a complaint before the Court of the Learned Additional Chief judicial Magistrate at Barrackpore [in short the Learned ACJM] therein alleging commissi

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