KRISHNA KANTA PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C is directed against the order dated 01.09.2011 passed by the Chief Judicial Magistrate, West Tripura, Agartala whereby he rejected the petition filed by the petitioner under Section 239 Cr. P.C and held that charge yet to be framed against the accused for various sections other than Section 497 IPC.

(2.) Shorn of unnecessary details, the allegations in the complaint are that one Arati Bhowmik who stated to be the wife of one Sri Narayan Bhowmik left her matrimonial home and started living in adultery with the petitioner herein.

(3.) According to the prosecution, Arati Bhowmik left the house of her husband Narayan Bhowmik sometime in the year 1998 alongwith her children Sandhya Bhowmik and Benoy Bhowmik. It is alleged that after Arati Bhowmik left her matrimonial home she continuously lived with the petitioner, Krishna kanta Paul at various residences. The complaint was filed by one Sri Uttam Paul, son of the petitioner herein. According to the complainant the father committed offences punishable under Sections 497/468/419/417 of the IPC in as much as he and Arati Bhowmik while getting the daughter of Arati Bhowmik, namely, Sandhya Bhowmik admitted in school changed her name to Soma Paul and showed her to be the daughter of Arati Bhowmik and Krishna Kanta Paul.