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2025 DAILYLAW 50546 (CAL)

GITA HALDER ALIAS GITA NANDI ALIAS GITA HALDER NANDI AND OTHERS v. STATE OF WEST BENGAL AND ANR

CRR/6/2025 · 2025-01-10

Jay Sengupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.04.2025 Court No.28 Item No.335 tbsr CRR 6 of 2025 CRAN 1 of 2025 In the matter of: Gita Halder @ Gita Nandi @ Gita Halder Nandi & Ors. ….Petitioners. Mr. Indranuj Datta Mrs. Rituparna Saha ….for the petitioners Mr. Suman De Mr. Dattatreya Dutta ….for the State Mr. Jaydeb Kumar Das ….for the OP2 Learned counsel appearing on behalf of the petitioners submits as follows. The de facto complainant/wife lodged two FIRs, inter alia, under Section 85 of the BNS, both by way of application under Section 175(3) of the BNSS. The second complaint was made after 53 days of the first FIR. In the second one, she included some other distant relations in addition to the husband. The last date of the incident is shown as 07.07.2024 in both the complaints. No prima facie case is made out as would be evident from a plain reading of both the FIRs. The wife in fact affirmed a false affidavit in the second application that no other earlier case was registered in this regard. Learned counsel appearing on behalf of the de facto complainant opposes the prayer and prays for time to make further submissions. Heard the learned counsel for the State. Let the State produce the case diaries of both the cases. 2 List this matter for further consideration under the heading “Contested Application” on 17th June, 2025. The impugned proceeding shall remain stayed till 27th June, 2025. (Jay Sengupta, J.)