RAKESH CHANDRA SAHA Vs. PUJA DEY SAHA

JUDGEMENT

(1.) Heard Mr. B. N. Majumder, learned senior counsel and Mr. S. Lodh, learned counsel assisted by Mr. B. Paul, learned counsel appearing for the petitioners also heard Mr. P. Roy Barman, learned counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the respondent.

(2.) The present petition has been filed under Sec. -482 of Code of Criminal Procedure for setting aside the impugned judgment passed by the learned Additional Sessions Judge, Gomati Judicial District, Udaipur in Criminal Appeal No.14 of 2022 dtd. 1/9/2023.

(3.) The case in brief is that the petitioner Mr. Rakesh Chandra Saha and respondent Smti. Puja Dey Saha are married on 9/8/2015 and are blessed with a daughter, namely, Miss. Padmakshi Saha born 23/10/2017. Both the husband and wife stayed in Udaipur. The respondent, who is a married wife of the petitioner No-1 without intimating anything to anybody, left the matrimonial house on 27/5/2022 at about 8.30 P.M leaving behind the minor daughter, aged about 4 and half years, who was sleeping at that time. When the petitioners came to know that the respondent is missing searched for her to all known places and without finding her approached the R. K. Pur P.S. and filed a missing diary vide R. K. Pur P.S. G. D. Entry No. 27 dtd. 27/5/2022 and also published missing report in all leading newspapers of the state. On 6/6/2022 R.K.Pur P.S. recovered the respondent and informed the petitioner No.1, at the police station that she denied to come back the house of the petitioners even refused to go with parents. She made a declaration before the O.C. R.K.Pur PS that she had left the house voluntarily and she does not want to go back with the petitioners and will never ask for the custody of the minor.