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2023 Supreme(Cal) 582

SHAMPA DUTT (PAUL)
Santosh Poddar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sudipto Kumar Mazumdar, Mr. Soumik Sarkar, Mr. Subhadeep Sarkar.
For the Respondent: Mr. Aditi Sankar Chakraborty, Mr. Ujjwal Luksom.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of Bhaktinagar P.S. Case No. 1518 of 2021 dated 28.11.2021 under Sections 48A/506 of the Indian Penal Code pending before the Court of the learned Additional Chief Judicial Magistrate, Siliguri.

2. The petitioner’s case in short is that the opposite party no. 2 had filed a written complaint with Tala Police Station being Tala Police Station Case No.71 dated 24.4.2021 under Sections 498A/323/324/506/509/34 of the Indian Penal Code. It is the case of the opposite party no.2 that she was married to the petitioner no.2, thirteen years back and was being harassed and threatened for last eight years. Subsequently on 28.11.2021, the opposite party no.2 filed another case against the petitioner being Bhaktinagar Police Station Case No.1519 of 2021 under Sections 498A/506 of the Indian Penal Code on the ground that the accused are threatening to kidnap the children.

3. Mr. Sudipto Majumder, learned counsel for the petitioner has submitted that continuance of Bhaktinagar Police Station case on the same facts and circumstances will compel the petitioners to face trial at two different places which is

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