Subhajit Nandi And Others v. Shewata Nandi (Ghosh)

26.09.2024

IN THE HIGH COURT AT CALCUTTA

Sl. No.23 Criminal Revisional Jurisdiction akd C. R. R. 3390 of 2024 In Re: Subhajit Nandi & Ors.

... ... Petitioners Mr. Shambhunath Roy Ms. Munmun Das Ms. Amrita Tewari Ms. Tuhina Parikh ... ... for the petitioners

1. Petitioners have prayed for quashing of proceedings under the provisions of Protection of Domestic Violence Act. Domestic relationship between petitioner no.1 and his opposite party-wife is admitted. It is alleged in the petition opposite party-wife was subjected to domestic violence and she was driven out from the matrimonial home.

2. In view of the aforesaid averments in the petition under the Domestic Violence Act, I am of the opinion the uncontroverted allegations disclose a prima facie case of domestic violence which requires to be adjudicated by the Magistrate concerned. Invocation of inherent supervisory jurisdiction is not called for. All issues are kept open to be agitated at the appropriate stage of the proceeding in accordance with law.

3. With the aforesaid observations, CRR 3390 of 2024 is disposed of.

4. Photostat certified copy of this order, if applied for, be given to the petitioner on usual undertaking.

(Joymalya Bagchi, J.)