KAJAL MUKHERJEE Vs. ANAMIKA MUKHERJEE

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure assailing the Order dated 04.01.2011 passed in criminal Revision No. 151 of 2010 by the Learned Additional Sessions Judge, 4th Fast Track Court, Bichar Bhawan, Calcutta affirming the order dated 19.03.2010 passed by the Learned Additional Chief Metropolitan Magistrate, Calcutta in Shyampukur PS Case No. 79 dated 20.03.2011 under Sections 498A/ 406/ 120B IPC and allowing the prayer of the de facto complainant under Section 97 of the Code of Criminal Procedure for the recovery of the child from the custody of the petitioner / father.

(2.) SMT. Anamika Mukherjee filed a petition of complaint before the learned Additional Chief Metropolitan Magistrate, Calcutta under Sections 498A/ 406/ 120B and Section 4 of the Dowry Prohibition Act which was sent to the Shyampukur P.S. under Section 156(3) Code of Criminal Procedure.

(3.) THE learned counsel appearing for the petitioner submits that the marriage took place on 16.01.2005 and the baby was born on 07.10.2007. It is submitted by the learned counsel that on 28.04.2008 the wife left the matrimonial home leaving the 6 months old baby with the husband, and on 19.03.2010 the petition of complaint was filed under Section 156(3) Cr. P.C. within an application under section 97 Cr. P.C..