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Calcutta High CourtCRR/3923/2011disposed

Arshad Ali Siddiquie & ORS v. State Of West Bengal & ANR

2022-02-23Honble Justice Ananda Kumar Mukherjee2 pages

23.02.2022 Sl. No. 30 Court No.35 BM (Via Video Conference) CRR 3923 of 2011 + IA No.:CRAN/1/2012 (Old No.: CRAN 1651 of 2012) Arshad Ali Siddiquie & Ors.

Vs.

State of West Bengal & Anr.

The matter is listed today for hearing as 'Contested Application'. None appear for the petitioners nor for the opposite party no.2. The petitioners preferred this application under Section 482 of the Code of Criminal Procedure praying for quashing of proceeding in connection with Asansol (South) Police Station case No.22 of 2010 dated 29.1.2010, giving rise to G.R No.141 of 2010 under Section 498A, 315 and 34 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act, pending before the learned Additional Chief Judicial Magistrate, Asansol. On 23.3.2012 an order was passed directing the petitioner to serve copy of this application upon the opposite parties within one week from date and to file affidavit of service on the next date of hearing.

None appeared for the petitioner. There was an interim stay order regarding proceeding of GR case No.141 of 2010 for a period of ten weeks. No order for extension has been passed. Since there is no

interim order of stay, it would be an abuse of process of law if the matter remains pending.

Accordingly, the revisional application is dismissed for default. Connected application, if any, also stand disposed of. Let a copy of this order be sent to the court of learned Chief Judicial Magistrate, Asansol for information. In the event, the case is still pending, learned Magistrate shall make an endeavour to conclude trial of the same within a period of six months from the date of communication of the order. (Ananda Kumar Mukherjee, J.)