Suparna Haldar Singhdeo vs Unknown
2021 Latest Caselaw 4333 Cal

   129
19.08.2021

rrc

CRR 1624 of 2021 In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Suparna Haldar Singhdeo ..... petitioner Mr. Arindam Sen Mr. Saurav Basu ....For the petitioner

The petitioner seeks to quash a proceeding being M.P. Case

No. 93/2021 pending before the Court of the learned Sub-

Divisional Magistrate, Bidhannagar, 24-Parganas (North) under

Section 97 of the Code of Criminal Procedure, 1973.

The proceeding was initiated by the father/opposite party no.

1 against the mother/petitioner for recovery of their four-year-old

daughter from the custody of the mother.

Prima facie, I am of the opinion that in view of the judgment

reported at 1998 SCC (Crl.) 999 (Ramesh Vs. Laxmi Bai), the

proceeding is not maintainable. The custody of a four-year-old girl

should normally be with her mother.

In view of the aforesaid, let there be a stay of all further

proceeding of M.P. Case No. 93/2021 pending before the Court of

the learned Sub-Divisional Magistrate, Bidhannagar, 24-Parganas

(North) for a period of eight weeks.

The petitioner shall serve a copy of this application upon the

opposite parties indicating that this matter shall be taken up for

hearing after six weeks under the same heading. The petitioner

shall file an affidavit-of-service on the next date of hearing.

List this application after six weeks under the same heading.

(Kausik Chanda, J.)