INDRANI SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is directed against the order dated 29.7.2009 passed in CGR Case No. 474 of 2006 which arose out of Lake Police Station Case No. 55 of 2006 dated 29.03.2006 under Sections 498A/497/34 of Indian Penal Code whereby the learned Magistrate decided to frame charge under secton 498A of the Indian Penal Code against the Petitioner.

(2.) The background of the case is that O.P. No. 2 Rita Mukherjee lodged a written complaint against her husband and Petitioner. It is alleged that her husband used to torture her both physically and mentally and had an illicit relation with the Petitioner. The Petitioner taking advantage of the financial assistance rendered by the husband of the de facto complainant to her became close to her husband and started an adulterous life with him. The de facto complainant left her matrimonial home in the year 2004 and started residing at her father's place. On the basis of the written complaint submitted by O.P. No. 2, Lake P.S. Case No. 55 of 2006 was registered under Section 498A/497 of the Indian Penal Code against the Petitioner and the husband of the O.P. No. 2. The police took up the investigation of the case and submitted chargesheet against the Petitioner and the husband of the O.P. No. 2 under Sections 498A/497/34 of IPC.

(3.) Learned Chief Judicial Magistrate, Alipore took cognizance of the offence and transferred the case to the Court of learned Judicial Magistrate, 7th Court, Alipore for disposal. On 29.08.2009 the Petitioner filed an application praying for her discharge from the case. The said petition was rejected by the learned Court below by the impugned order dated 29.07.2009. This revisional application is directed against the said order.