SANTIPADA MUHURI Vs. STATE

JUDGEMENT

(1.) Mr. Santipada Muhuri by this application under section 482 of the Code of Criminal Procedure has prayed for quashing of the order dated 28.4.97 passed by the Additional Sessions Judge, Islampur, district Uttar Dinajpur in Sessions Case No. 4/96 arising out of Goalpukur P. S. Case No. 173 dated 23.12.92 corresponding to G. R. Case No. 911 of 1992. By the said order the Additional Sessions Judge framed charge under section 498A/302 of IPC against Prabir Kumar Muhuri and under section 498A of the IPC against the present petitioner Santipada Muhuri. Immediately after filing of this application this Court by an order dated 20.6.97 directed service of the application on the opposite party, and ordered that the trial of the accused Santipada Muhuri be separated and the trial against Prabir Kumar Muhuri be proceeded. It was further directed that the trial of Santipada Muhuri in the separate case be stayed till the disposal of this application.

(2.) In view of the said order dated 20.6.97 the trial against Prabir Kumar Muhuri proceeded and after taking into consideration the evidence on record, the Trial Court came to the conclusion that the prosecution was able to prove the charge under section 302/498A of IPC against the accused Prabir Kumar Muhuri and he was accordingly sentenced.

(3.) Against the said order of conviction and sentence the convict Prabir Kumar Muhuri filed an appeal before this Court numbered as C. R. A. No. 172 of 1998.