Item 08.05. IN THE HIGH COURT AT CALCUTTA No. 2025 CRIMINAL REVISIONAL JURISDICTION

11 APPELLATE SIDE Ct 22 CRR 5144 of 2024 rup Jyotsna Nag & Anr.

Vs.

The State of West Bengal & Anr. Mr. Jayanta Narayan Chatterjee, Mr. Supreem Naskar, Ms. Jayashree Patra … for the petitioners.

1. This revisional application has been filed with a prayer for quashing of the proceeding in connection with A.C.G.R. Case No. 6098 of 2024, corresponding to Jadavpur Police Station Case No. 52 of 2024 dated 19.10.2024 under Section 85/ 316(2)/ 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections3 /4 of the Dowry Prohibition Act.

2. Learned counsel appearing on behalf of the petitioners has submitted that prior to filing of the complaint by the opposite party No.2, petitioner No.2 filed a complaint to the Officer-in-Charge of Nagernazar Police Station, alleging inter alia that his mother-in-law forced into put a signature on a mutual divorce paper.

3. It has been further submitted that subsequently petitioner No.2 afforded information to the Officer-in- Charge of the Purba Jadavpur Police Station stating, inter alia, that between the parties there was an agreement and ornaments, accessories were exchanged between them and thereafter the instant complaint was lodged by the opposite party No.2 before the Officer-in- Charge of Purba Jadavpur Police Sation, Kolkata hereinabove.

4. Learned counsel appearing on behalf of the petitioner has submitted that the complaint was filed with all false allegations.

5. Learned counsel appearing on behalf of the petitioners has also filed one supplementary affidavit annexing all the papers supplied to petitioner under Section 230 of the BNS. The supplementary affidavit be kept with the record.

6. Having heard the learned counsel appearing on behalf of the petitioners as well as having gone through the documents annexed with the revisional application along with supplementary, the same stands admitted.

7. Petitioners are directed to serve notice upon the State through the office of the Public Prosecutor of this Court and also to serve notice upon the opposite party No.2 through speed post with A/D and to file affidavit of service on the returnable date.

8. Learned counsel appearing on behalf of the petitioner also prayed for stay of the proceeding involved in this revisional application, otherwise the very purpose of filing of this revisional application shall be frustrated.

9. Regard being had to the above, let the proceeding in connection with A.C.G.R. Case No. 6098 of 2024, pending before the Court of Learned Judicial Magistrate, 9^th Court, Alipore be stayed for a limited period i.e till 31^st July, 2025 or until further order whichever is earlier.

10. Let the matter appear in the Combined Monthly List of July, 2025 under the heading “Contested Application”.

(Bibhas Ranjan De, J.)