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2023 Supreme(Cal) 632

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


Advocates:
Advocate Appeared:
For the Appellant : 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 pending before the Court of the Learned Judicial Magistrate, First Class Court at Barrackpore.

2. The Petitioner’s case is that the Petitioner is the Husband of the opposite party no. 2. On February 6, 2018, the opposite party no. 2 herein filed a complaint application against the petitioner (husband) and his other family members under Section 200 of CRPC before the Court of the Learned Additional Chief Judicial Magistrate at Barrackpore [in short the Learned ACJM] therein alleging commission of offences punishable under Sections 323/498A/406/506/34 of the Indian Penal Code.

3. Vide order dated February 6, 2018 the Learned ACJM was pleased to take cognizance and transferred the case to the Learned Judicial Magistrate, First Class, First Court at Barrackpore [in short the Learned Trial Magistrate] for disposal and the Learned Trial Magistrate was pleased to issue process.

4. It is the case of the petitioner that, on June 30, 2013, the opposite party no. 2 got married to the Peti

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