Gouri Mondal & Ors vs Anup Mondal & Anr
2022 Latest Caselaw 7963 Cal

01.12.2022 S/L No.21 KS

C.R.R. 2281 of 2021

Gouri Mondal & Ors.

-Vs.-

Anup Mondal & Anr.

Mr. Syed Mosihar Rahman .....For the Petitioners Mr. P. K. Datta Md. Kutubuddin .....For the State Mr. Rajdeep Bhattacharya .....For the O.P. No.1

Learned advocate appearing for the petitioners submits that there

has been dispute and differences and the petitioners were assaulted and

abused and subsequently, they were foisted with a case which resulted in

Shyampur P.S. Case No.287 of 2021 dated 21.07.2021. The investigation of

the said case has already been completed. The petitioners further submit

that they initiated a case on the self-same incident being, Shyampur P.S.

Case No.270 of 2021 dated 08.07.2021 under Sections 447/ 341/ 323/ 324/

354B/ 506/ 34 of the Indian Penal Code and Section 12 of the POCSO Act.

According to the learned advocate the present case was for the purposes of

circumventing the proceedings under the POCSO Act which was initiated

at the instance of the petitioner no.5. While exercising jurisdiction under

Section 482 of the Code of Criminal Procedure without all the documents of

both the cases being available, it is not possible for a Court to assess

regarding the truth, falsity and the correctness of a proceeding, neither it is

possible to assess regarding the counter-case nor a counter-blast. Records

reflect that charge-sheet has already been submitted before the

Jurisdictional Court.

Having regard to the fact that there is another case being, Shyampur

P.S. Case No.270 of 2021 dated 08.07.2021 which was initiated under the

Special Act alleged offence of the Indian Penal Code, I direct the Learned

Magistrate to assess regarding the continuance of Shyampur Police Station

Case No.287 of 2021 dated 21.07.2021 at the stage of consideration of the

charges. Learned Magistrate at the relevant point of time while considering

the charges would assess the materials of both the cases, provided the

copies to that extent are placed by the present petitioners before the

Learned Magistrate. Learned Magistrate would thereafter take into

consideration the judgment of the Hon'ble Supreme Court in Vineet Kumar

Vs. State of U.P. reported in (2017) 13 SCC 369 and in the case of Ahmad

Ali Quraishi Vs. State of U.P. reported in (2020) 13 SCC 435 and then

decide whether the proceedings should continue against the petitioners.

With the aforesaid observations, C.R.R. 2281 of 2021 is disposed of.

Pending applications, if any, are consequently disposed of.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)