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Judgment
Despite service of notice, opposite party no. 2 did not turn up. Let the
affidavit of service be kept with the record. This application under Section 482 of
the Code of Criminal Procedure has been filed for quashing F.I.R no. 284 of 2012
dated 02.07.2012 under Section 498A / 307 / 34 of Indian Penal Code as well as
the charge sheet no. 229 of 2012 dated 31st July, 2012.
On a comparison of Annexures P3 and P4, it transpires that one Sahanur
Khatun lodged two cases under Section 498A / 307 / 34 of Indian Penal Code
against her husband and other relatives and both the cases have been
culminated in charge sheet.
On further scrutiny of the First Information Report as well as the charge
sheet in both the cases, it transpires that the date of occurrence in both the
cases is on 29th September, 2010. That clearly goes to show that two cases have
been started and culminated in filing of charge sheet with regard to self-same
offence against self-same accused.
Learned Advocate appearing on behalf of the State contended that in fact
two cases have been started showing self-same date of occurrence and
accordingly the second case being F.I.R no. 284 of 2012 dated 2nd July,
2012(charge sheet no. 229 of 2012 dated 31st July, 2012) be quashed and
continuance of the said proceeding would tantamount to abuse of process. In
that view of this case, the case bearing First Information Report no. 284 of 2012
dated 2nd July, 2012 under Section 498A / 307 / 34 of the Indian Penal Code
corresponding to charge sheet no. 229 of 2012 dated 31st July, 2012
498A/307/34 of the Indian Penal Code pending before the learned Court of
Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur is thus quashed.
The revisional application is allowed.
Let the copy of this order be forwarded to the learned Additional Chief
Judicial Magistrate, Islampur District - Uttar Dinajpur forth with for information
and necessary action.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the
parties as expeditiously as possible