RATNA GHOSH MOULIK Vs. RANJIT KUMAR BISWAS

JUDGEMENT

(1.) If one wrong cannot justify another then it is opposite that both the wrongs should be corrected, even after attracting the wrath of sub-section (3) of section 399 of the Code of Criminal Procedure by applying the ratio of the decision of Jitender Kumar Jain-v-State of Delhi and others reported in (1998) 8 SCC 770.

(2.) The learned Sub-Divisional Judicial Magistrate, Tamluk on 0410.96 passed an Order of discharge relying on the ratio of the decision as laid down in Paragraph 2(b) of "Common cause" v. Union of India reported in 1996 C. Cr L.R. (SC) 217. The same was sought to be set at nought by the petitioner which was turned down on 17.7.97.

(3.) Having suffered two wrongs before the learned sub-Divisional Judicial Magistrate, Tamluk she went to the learned Sessions Judge, Midnapore through criminal Revision No. 245 of 1997 for redressal of the said wrongs. She was again wronged.