Tapas Kr Datta & ORS v. State Of West Bengal & ANR
CRR 339 of 2016 IA No.: CRAN/1/2016 (Old No.:CRAN/974/2016) Court No. 33 Item 44 Ali 17.08.2022 Tapas Kumar Datta & Ors.
Vs.
State of West Bengal & Anr.
In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.
None appears on behalf of the petitioners.
No accommodation has been sought for.
The present revisional application has been filed by the petitioners for quashing of the proceedings being M.R. 643 (IV) 14 under Sections 17/18/19/20/22 & 23 of the Protection of Women From Domestic Violence Act, 2005 pending before the Court of the Learned Judicial Magistrate, 6th Court at Krishnanagar, Nadia.
The factual matrix of the case is that the opposite party No. 2 filed a petition before the Chief Judicial Magistrate, Nadia under Sections 17/18/19/20/22 & 23 of the Protection of Women From Domestic Violence Act, 2005. The case was registered and Domestic Incident Report was called for from the Protection Officer and directed for filing requisites for issuance of notices to the petitioners.
Being aggrieved by and dissatisfied with the said proceeding, the petitioner has preferred the present revisional application.
Upon going through the order sheet annexed to the application, it is found that the learned Magistrate called for
Domestic Incident Report from the Protection Officer and directed for filing of requisites for issuance of notices to the petitioners. In view of direction of the learned Magistrate, the Protection Officer has submitted Domestic Incident Report. The petitioners have also entered appearance in the case. It has been vouched that the petition do not make out a case of domestic violence. Be that as it may, those are purely question of fact and are to be decided after taking of evidence. In view of the above, the proceeding before the trial court does not call for interference.
The present revisional application is thus dismissed. All connected applications stand disposed of. Interim order, if any, stands vacated.
Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Bivas Pattanayak, J.)