Dismissed¶10

Siddikulla Gazi & Ors.S v. State of West Bengal

Calcutta HC5 Nov 2024CRR/701/2017

Case brief

AI extract

What is this about?

Section 482 CrPC quashing petition (C.R.R. 701 of 2017, Siddikulla Gazi & Ors. v. State of West Bengal & Anr.) against 498A/406/34 IPC proceeding (G.R. Case No. 2270/2014; Mandir Bazar Police Station Case No. 239/2014, dated 27.05.2014, 2nd Judicial Magistrate, Diamond Harbour, 24 Parganas South) dismissed for default on 05-11-2024 for repeated non-appearance of petitioners; interim orders vacated; Ajay Kumar Gupta, J.

What did the court decide?

None on merits; interim orders, if any, directed to be vacated, with a copy of the order to be communicated to the learned trial Court below. ¶10

Siddikulla Gazi & Ors.S Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2024)

What the court decided

AI extract

Outcome

None on merits; interim orders, if any, directed to be vacated, with a copy of the order to be communicated to the learned trial Court below.

¶10

Issue for consideration

Whether the criminal proceeding in G.R. Case No. 2270/2014 arising out of Mandir Bazar Police Station Case No. 239/2014 under Sections 498A/406/34 IPC, pending before the learned 2nd Judicial Magistrate, Diamond Harbour, 24 Parganas (South), should be quashed in exercise of jurisdiction under Section 482 CrPC. (Raised by the petition; the Court did not adjudicate this issue on merits.)

¶8

Key takeaways

In view of the petitioners' continued non-appearance (including on 04.11.2024) and the pendency since 2017, the Court observed that, considering the nature of the prayer and the long pendency, the petitioners appeared to have lost interest in proceeding with the matter, and accordingly dismissed C.R.R. 701 of 2017 for default.¶10

Detailed headnote1 paragraphs

C.R.R. 701 of 2017 — Criminal revision under Section 482 of the Code of Criminal Procedure filed by Siddikulla Gazi & Ors. against The State of West Bengal & Anr., seeking quashing of G.R. Case No. 2270/2014 arising out of Mandir Bazar Police Station Case No. 239/2014 dated 27th May, 2014, under Sections 498A/406/34 of the Indian Penal Code, pending before the learned 2nd Judicial Magistrate, Diamond Harbour, 24 Parganas (South) — Case pending since 2017; none appeared for either party on the date of hearing, and none appeared for the petitioners on 04.11.2024 — Considering the nature of the prayer and the long pendency, the Court found that the petitioners appeared to have lost interest in the matter — Held: C.R.R. 701 of 2017 dismissed for default; interim orders, if any, vacated; copy of the order to be communicated to the learned trial Court below (order dated 05-11-2024, Ajay Kumar Gupta, J.) — The quashing issue was not adjudicated on merits; no precedent was cited or discussed; no counsel appeared for any party.

Siddikulla Gazi & Ors.S v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Siddikulla Gazi & Ors.S v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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