Subhanish Ghosh & ANR v. State Of West Bengal & ANR

01.04. 2022 item No.18 n.b.

ct. no. 34 CRR 3225 of 2018 Sri Subhanish Ghosh & Anr.

Vs.

The State of West Bengal & Anr.

Mr. Supratik Basu, Mr. Shuvam Shaw .....for the Petitioners Mr. Anasuya Sinha, Mr. Pinak Kr. Mitra .....for the State Learned advocate for the petitioners submits that the petitioners approached before this Court for quashing of the proceeding in respect of Krishnanagar Womens Police Station Case No.206 of 2016 dated 08.12.2016 under Sections 498A, 406 and 34 of the Indian Penal Code as also the order passed therein. Learned advocate for the petitioners submits that the allegations prima facie fail to make out any case for the petitioners to face the ordeal of trial. It has also been submitted that during pendency of the present revisional application, the marriage between the petitioner no.1 and the opposite party no.2 has been dissolved by decree of Civil Court. According to the learned advocate for the petitioners further continuance of the proceedings would be an abuse of the process of Court.

Ms. Sinha, learned advocate appears for the State and submits that the Case Diary as well as the memorandum of evidence before this Court. Let the memorandum of evidence be kept with the record.

The memorandam of evidence reflects that the next date has been fixed on 12th August, 2022 for consideration of charges. In view of the stage which has been reached and the case is matured for consideration of charge before the Learned Trial Court, I am of the opinion that the petitioners would be at liberty to agitate the points canvassed in the revisional application before the Learned Trial Court at the stage of consideration of charge. Accordingly, CRR 3225 of 2018 is disposed of. All pending connected applications, if any, are dispose of. Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)