Soumyadip Dutta & Ors vs Unknown
2021 Latest Caselaw 5543 Cal

   38
07.10.2021

rrc

CRR 2032 of 2021 In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Soumyadip Dutta & Ors.

..... petitioners

Mr. Somenath Mukherjee

.....For the petitioners

It appears that though the case is arising out of matrimonial

dispute the police did not embark upon any preliminary enquiry

in terms of the judgment reported at (2014) 2 SCC 1 (Lalita

Kumari Vs. Government of Uttar Pradesh).

Most of the allegations made in the F.I.R. relate to the

incidents which dates back to the year 2015 or before.

In that view of the matter, there shall be a stay of all further

proceeding of GR Case No. 7731/20, under Sections 498A/406 of

the Indian Penal Code, 1860, pending before the learned Chief

Judicial Magistrate, Barasat, till two weeks after the ensuing Puja

Vacation.

The petitioners are directed to serve a copy of this application

upon the opposite parties intimating that this matter will be taken

up for hearing two weeks after the ensuing Puja vacation under

the heading "For Orders". The petitioners shall file an affidavit-of-

service to that effect on the next date of hearing.

List the application two weeks after the ensuing Puja

vacation under the heading "For Orders".

(Kausik Chanda, J.)