12.10.
C.R.R. 3389 of 2017 Rahul Agarwal Versus The State of West Bengal & Anr.
Mr. D. Haque for the petitioner This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the FIR being Siliguri Police Station Case No. 490 of 2017 dated 2nd July, 2017 under Sections 341/506/385 of the Indian Penal Code on the ground that absurd allegation that has been levelled against the present petitioner by opposite party no.2. Opposite party no.2 was married with the sister of the petitioner and the dispute cropped up between the parties and accordingly opposite party no.2 was taken into custody by the police. Opposite party no.2 has stated in the complaint that while he was in policy custody the petitioner had threatened with dire consequences and accordingly the First Information Report under reference was lodged.
After going through the entire materials on record, I find that there is sufficient justification to stay the further proceeding of Siliguri Police Station Case No. 490 of 2017 (corresponding to G.R. 2147 of 2017) dated 2nd July, 2017 under Sections 341/506/385 of the Indian Penal Code for a period of four weeks from this day and the proceeding is accordingly stayed.
The petitioner is, thus, directed to serve copy of the entire application along with all annexures thereof upon the learned Public Prosecutor of the State of West Bengal and also to serve entire application along with all annexures thereof to opposite party no.2 by Speed Post 2with AD.
Let the matter be listed before the appropriate Bench having determination over the mater after four weeks subject to filing of the affidavit-of-service by the petitioner.
Liberty is given to the petitioner to apply for extension and/or modification and/or verification of this order upon notice to Opposite Parties.
( Debi Prosad Dey, J. )
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