BEDABYAS BASU Vs. BISWANATH BISWAS

JUDGEMENT

(1.) In the present application the petitioner has prayed for quashing of a proceeding being complaint case No. C/885 of 1991 (T-460 of 1991) under sections 493/494 and 497 of the Indian Penal Code.

(2.) Present opposite party No. 1 filed a petition of complaint on 11.5.91 in the Court of learned S.D.J.M. Barrackpore against the petitioner and others alleging commission of offences under the aforesaid section. The gist of the allegations made in the petition of complaint is that the petitioner had allured Atreyee Biswas, the wife of the complainant, who left her matrimonial home and the petitioner in collusion with other accused persons by deceitful means, on the show of marriage before Goddess Kali at Dakshineswar on 1st April, 1991 abducted said Atreyee Biswas (complainant's wife) from the custody of her in-laws and keeping her in a secret place, had been staying as husband and wife till 8.5.91.

(3.) On receipt of such petition of complaint the learned S.D.J.M, Barrackpore took cognizance of the offence and issued process against the petitioner and said Atreyee Biswas under section 494/497 of the Indian Penal Code and transferred the case to the Court of learned Judicial Magistrate, 3rd Court, Barrackpore for disposal.