Dipti Sarkar (Nee Dhar) vs Unknown
2021 Latest Caselaw 4507 Cal

    25
06.09.2021

Ct.35 AKG CRR 1711 of 2021 (Through Video Conference)

In Re: - An application under Section 482 of the Code of Criminal Procedure, 1973 And

In the matter of: Dipti Sarkar (Nee Dhar) .... Petitioner

Mr. Saryati Datta, Ms. Rajnandini Das ...For the Petitioner

On the basis of a complaint lodged by the petitioner/wife on

September 12, 2005, a criminal case was instituted against the

opposite party/husband under Sections 498A/406 of the Indian Penal

Code, 1860. The opposite party was ultimately acquitted by the

learned Magistrate by an order dated February 29, 2012. Thereafter,

the opposite party has filed a complaint case under Sections

182/211/500 of the Indian Penal Code, 1860, against the petitioner.

Mr. Saryati Dutta, learned advocate appearing for the petitioner,

submits that the complaint case is barred by limitation under Section

468 of the Code of Criminal Procedure, 1973, since the limitation, in

this case, has to be counted not from the date of acquittal of the

opposite party dated February 29, 2020, but it has to be counted from

the date when the complaint was lodged by the petitioner on

September 12, 2005. The present complaint case having been filed in

the month of March, 2021, is barred by limitation and therefore, the

process issued by the learned Magistrate under Section 500 of the

Indian Penal Code, 1860, is not sustainable in the eye of law.

In support of his submission, Mr. Dutta relies upon a judgment,

reported at (1978) 2 SCC 403 (Surinder Mohan Vikal Vs. Ascharaj

Lal Chopra).

A plain reading of the said complaint case shows that the

primary allegation revolves around the said lodging of the said

criminal case and that apart, some vague allegations have been made

against the petitioner, stating that she is trying to malign the image of

the petitioner and also attempting to damage his reputation without

furnishing any particular/specific act of the petitioner.

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

further proceedings in connection with C-167/2021 under Sections

182/211/500 of the Indian Penal Code, 1860, for a period of six

weeks from date.

The petitioner shall serve a copy of this application upon the

opposite parties, intimating that this application be taken up for

hearing after four weeks under the heading "For Orders". The

petitioner shall file an affidavit-of-service to that effect on the next

date of hearing.

List this matter after four weeks under the heading "For

Orders".

(Kausik Chanda, J.)