- (1.) This application is at the instance of the accused persons and is filed for quashing the G.R. Case No.897 of 2009 pending in the Court of the learned Judicial Magistrate, 4 th Court, Howrah arising out of the Jagacha Police Station Case No.75 of 2009 dated March 26, 2009 under Section 498A/34 of the I.P.C.
(2.) The short fact is that the de facto complainant / opposite party no.1 made a written complaint before the Jagacha Police Station against the petitioners alleging offence under Section 498A/34 of the I.P.C. on March 26, 2009 and on that basis, the Jagacha Police Station Case No.75 of 2009 dated March 26, 2009 had been started. After completion of the investigation, the police submitted charge-sheet against the accused persons in respect of that case.
(3.) The de facto complainant also filed a petition of complaint before the learned Chief Judicial Magistrate, Howrah over the selfsame cause and that petition of complaint was forwarded to the Jagacha Police Station under Section 156(3) of the Cr.P.C. and on the basis of that complain, Jagacha Police Station Case No.752 of 2009 dated May 29, 2009 had been started. Investigation of that case is not complete as yet.;