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2024 Supreme(Online)(CAL) 691

CALCUTTA HIGH COURT
Ajoy Kumar Mukherjee, J
SUBHAS TIWARI AND ANR. – Appellant
Versus
STATE OF WEST BENGAL AND ANR – Respondent


Advocates:
Mr. Debasish Kar, Mr. Subhajit Chowdhury, Ms. Jagori Mitra, Mr. Debasish Roy, Ld. APP, Mr. Saryati Datta, Mr. Anit Dey, Mr. Kumar Yasobardhan Shaw, Ms. Ritoma Sarkar

Ajoy Kumar Mukherjee, J.

1.

This is an Application where petitioners have prayed for quashing of charge sheet submitted under section 323/341/506/34 of the Indian Penal Code ( IPC ), Section 3 (1) (r) (s) of SC and ST (prevention of atrocities Act) Act, 1989 (in short Act of 1989) arising out of Jagaddal P.S. Case no. 464 of 2020 dated 27.07.2020 being SPL 4 of 2021.

2.

Opposite party no.2 herein preferred an application under section 156 (3) of Cr.P.C. contending that he was married with the daughter of petitioner no. 1 herein and they were leading their matrimonial life at Lahore.

Petitioner alleged that aunt of his wife came to their house and took his wife on 14.12.2019 in the name of performance of ritual and when he went to the house of accused person on 24.12.2019 to take her back, the accused persons abused him with filthy language and assaulted him physically and also abused him in the name of his cast. Again on 4th March, 2020 the petitioner no.1 came to the locality in which the opposite party no.2 resides and physically assaulted him and again abused him with filthy languages in the name of the petitioners cast.

3.

On the basis of direction made by learned magistrate, Jagadda

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