SANGEETA DEB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the proceeding being AC-2372 of 2008 under Section 500 of the I.P.C.

(2.) The fact of the case leading to the filing of this revisional application is that the petitioner was married to Siddhartha Deb on 19.09.2006 as per Hindu customs and rites. After some days of the said marriage, the petitioner was subjected to torture, physically and mentally, by her husband.

(3.) Ultimately, in April, 2008 she was compelled to leave her matrimonial house. She filed one petition of complaint with Agartala Women Police Station for offence under Section 498A/34 of the I.P.C. for investigation and the accused persons, namely, Siddhartha Deb, Subhra Deb, Sudhendu Bhusan Deb and Soma Deb were arrested and they were remanded to judicial custody by the learned Magistrate from 08.04.2008 to 19.04.2008. Thereafter they were granted bail on 17th April, 2008 and 21st April, 2008 by the Honble Gauhati High Court, Agartala Bench. Chargesheet was submitted against the accused persons on 14.12.2008. The said criminal case is now pending in the Court of the learned Chief Judicial Magistrate, West Tripura, Agartala. The prime accused person filed one petition under Section 482 of the Cr.P.C. and that petition is now pending before the Honble Gauhati High Court, Agartala Bench. Thereafter the petitioner got summons dated 09.03.2009 issued by the Judicial Magistrate, First Class, Fourth Court, Alipore, District South 24 Parganas directing the petitioner to appear personally or pleader in connection with a complaint case bearing No.AC-2372 of 2008 under Section 500 of the I.P.C. before the learned Judicial Magistrate, Fourth Court, Alipore on 20.04.2009 at 10.00 oclock. The petitioner appeared before the said Court and she was granted bail.