INDRANI BANERJEE Vs. SOMESH BANERJEE AND ORS

JUDGEMENT

(1.) This revisional application under Section 482 of the Code of Criminal Procedure on behalf of the petitioner Indrani Banerjee, a house-wife is directed for setting aside the orders dated 26.2.2001 and 2.3.2001 passed by the learned Judicial Magistrate, 3rd Court, Serampore, in the district of Hoogly in G.R. No. 1296/95, pending before him arising out of Uttarpara P.S. Case No. 188 dated 18.10.95 under Sections 498A/406 I.P.C. against the three accused opposite parties Somesh Banerjee, Debnarayan Banerjee and Smt. Mandakini Banerjee, husband, father-in-law and mother-in-law of the petitioner respectively.

(2.) It appears from the impugned order dated 26.2.2001 that out of the four prosecution witnesses directed to be summoned for examination on 26.2.2001 by order dated 1.12.2001. One witness S.I. K.R. Dutta, submitted an application for time and the other three witnesses, were not present in Court and in that circumstances the learned Magistrate passed order that the examination of the prosecution witnesses had been concluded and there was no such allegation against Debnarayan Mukherjee (which should have been Debnarayan Banerjee father-in-law of the petitioner) so that he should be examined under Section 313 of the Cr.P.C., and the learner Magistrate examined the other two accused persons under Section 313 of the Cr.P.C. and fixed 2.3.2001 for arguments.

(3.) It appears that by the impugned order dated 2.3.2001 learned Magistrate that the accused Somesh Chatterjee and Soumen Banerjee were present in Court on that day although there was no such accused in the case and the learned Magistrate fixed 17.7.2001 for examination of the witnesses on behalf of the accused persons.