Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 s. 406
Judgment
: Mr. R. Nath, Adv. Mr. D. Biswas, Adv. : Mr. R. Datta, PP. HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER
21.03.2022 This is an application under Section 482 of the CrPC 1973 for quashing of the criminal proceedings initiated by the Chief Judicial Magistrate against the petitioner vide case No.CR 01 of 2018 under Section 406 of the IPC. Aggrieved by the action of the respondent-husband in filing a complaint before the court below which is filed seeking to recover one gold made finger ring (9 anas), one gold made mangal sutra (12 anas), one pair gold made ear ring (6 anas), the petitioner-wife who has an effective remedy to contest the matter before the court below has filed this criminal petition seeking to quash the said proceeding. It surfaces from the records that the chief examination has been recorded by the court below and the matter is still pending. For the present, this court feels that this is a premature petition. Even without contesting the matter before the court below and inviting the order on merit, this court is of the view that there is no point in entertaining the present petition. In view of the above discussion, this criminal petition stands dismissed. Dipak JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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