- (1.) This is an application under Section 482/401 of the Code of Criminal Procedure, 1973 (for short, 'the Code'). The petitioners have prayed for quashing of proceeding, being Ekbalpore Police Station Case No. 83, dated 05.04.2006 under Sections 341/427/504/506(ii)/34 of the Indian Penal Code corresponding to C.G.R. No. 800 of 2006 pending before the learned Chief Judicial Magistrate, Alipore.
(2.) The facts of the case, in a nutshell, are as follows : - (i) On or about 27th March, 2006, one Raquaia Ayaz filed an application under Section 156(3) of the Code, before the Court of learned Chief Judicial Magistrate at Alipore alleging commission of offences punishable under Sections 341/427/504/506(ii)/34 of the Indian Penal Code. (ii) The learned Magistrate, by his order dated 27th March, 2006, directed the officer-in-charge of Ekbalpore Police Station to register a case upon the said complaint and cause investigation into the offences complained. (iii) Subsequently the complaint was registered by the concerned Police Station on 5th April, 2006 and was numbered as F.I.R. No. 83, dated 5th April, 2006. (iv) Petitioners thereafter took out the instant application before this Court and the same was filed on 18th April, 2006.
(3.) The instant application was earlier heard on 12th May, 2006. The Court upon hearing the petitioners was, inter alia, pleased to stay all further proceedings in C.G.R. No. 800 of 2006 pending before the learned Chief Judicial Magistrate, Alipore.;