SUSHANT SUSHIL GHOSH Vs. MADHUMITA SUSHANT GHOSH

JUDGEMENT

(1.) RULE .

(2.) BY consent, Rule made returnable forthwith.

(3.) THE petitioner is the husband of the respondent no. 1. He had filed a complaint against the respondent no. 1 alleging commission of offences punishable under section 418 IPC, 419 IPC, 420 IPC, 463 IPC, 464 IPC, 468 IPC. After examining the petition on oath, as contemplated under section 200 of the Code of Criminal Procedure (for short 'the Code'), the learned Magistrate, by his order dated 22nd September 2011, issued process against the respondent no. 1, requiring her to appear, and answer to the charge of the aforesaid offences. Being aggrieved by the order issuing process, the respondent no. 1 approached the Court of Sessions by filing an application for revision. The learned Addl. Sessions Judge who heard the Revision Application, was of the view that the order issuing process as passed by the learned Magistrate was not correct, legal or proper. He, therefore, quashed the said order and dismissed the complaint. Being aggrieved thereby, the petitioner has approached this Court invoking its jurisdiction under Article 227 of the Constitution, praying that the order passed by the Addl. Sessions Judge in revision, be quashed and set aside.