Calcutta High CourtCRR/2990/2017disposed

Sushila Devi @ Sushil Devi & ORS v. State Of West Bengal & ANR

2022-03-16Hon'Ble Justice Tirthankar Ghosh2 pages

16.03. 2022 item No.11 n.b.

ct. no. 34 CRR 2990 of 2017 Sushila Devi @ Sushil Devi & Ors.

Vs.

State of West Bengal & Anr.

Mr. Ansgshuman Chakraborty, Mr. S. S. Saha, Mr. Subhajit Bal .....for the Petitioners Mr. Saswata Gopal Mukherji, P.P.

Ms. Faria Hossain, Mr. Anand Keshari .....for the State Mr. Pratip Mukherjee, Mr. Omar Faruk Gazi, Mr. Amarnath Das .... For the opposite party no.2.

There are two cases which arise out of matrimonial discord. First case being, Jagaddal P.S. Case no.654 dated 9.6.2016 under Sections 498A, 307, 406 of the Indian Penal Code. The second case being, Jagaddal P.S. Case no.1043 of 2016 dated 14.9.2016. It reflects from the formal F.I.R. that the first case was initiated by Sweta Anand while the second case was initiated by one, Usha Anand. The accused persons in both the cases happened to be the husband and the in-laws. It has been informed that the Case Diary of both the cases produced before this Court and the charge-sheet has been submitted in both the cases. In view of investigation of both the cases being completed, I direct that the records of Jagaddal P.S. Case 1043 of 2016 dated 14.9.2016 to be tagged along with Jagaddal P.S. Case no.654 of 2016 dated

9.6.2016 which is pending before the learned Additional District Judge, First Track 2nd Court, Barrackpore. So far as the nomenclature of Jagaddal P.S. Case no.1043 of 2016 is concerned the same is quashed but the materials collected therein would be considered by the learned Sessions Court and the documents thereunder would be supplied. Learned Court will grant liberty to the learned Public Prosecutor to reconstruct the records and prove the case. Accordingly, Jagaddal P. S. Case no.1043 of 2016 dated 14.9.2016 so far as the nomenclature is concerned is hereby quashed. As directed earlier, the materials would be tagged with the Jagaddal P.S. Case no.654 of 2016 dated 9.6.2016. With the aforesaid observations CRR 2990 of 2017 is disposed of.

All pending connected applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

The records may be placed on the next date fixed for hearing before the Sessions Court i.e. on April 2, 2022. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)