JAGANNATH SARKAR Vs. SM KALYANI SARKAR

JUDGEMENT

(1.) Inspite of service upon the opposite parry, no one appears on behalf of the opposite p y. Let the affidavit-of-service filed today in Court be kept on record.

(2.) This revisional application is for quashing of the proceeding being complaint Case No. 1757C of 1992 under Section 500 of the Indian Penal Code pending in the Court of the learned Judicial Magistrate, 1st Court, Howrah.

(3.) The present petitioner is the husband of the complainant. The complainant/O.P. filed a petition of complaint in the Court of the learned Judicial Magistrate, Howrah alleging commission of an offence under Section 500 of the Indian Penal Code against the present petitioner. It appears that the present petitioner was made accused in a case being Case No. 2388 C of 1989 under Sections 504/506/427 of the Indian Penal Code, which was initiated at the instance of the present opposite party. In these said proceeding, the present petitioner being the accused in the said case, was examined under Section 313 of the Code of Criminal Procedure. It is alleged in the present petition of complaint that in course of examination under Section 313 of the Code of Criminal Procedure, the petitioner made same defamatory statements against the complainant/opposite party. It also appears that Case No. 2388 C of 1989 was ended in an order of acquittal. The petitioner was acquitted of the charges under Sections 504/506/427 of the Indian Penal Code. Such order of acquittal was passed by the learned Magistrate on 30.4.92. Long after the order of acquittal was passed, the present petition of complaint was filed by the complainant/opposite party herein on 15.12.92 in the Court of the learned Chief Judicial Magistrate, Howrah alleging commission of an offence under Section 500 of the Indian Penal Code. On receipt of the said petition of complaint, the learned Magistrate took cognizance of the offence and issued process against the present petitioner. It is at this stage, the petitioner has come up before this in revision for quashing of the aforesaid proceeding.