BANDITA KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present case arises out of an application Under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 for setting aside the judgment and order dated 6.10.10 passed by the Learned Additional District and Sessions Judge, 4 th Court Barasat, in Criminal Appeal No. 4 of 2010 affirming the judgment and order dated 6.3.2010 passed by the Learned Additional Chief Judicial Magistrate, Bidhan Nagar, North 24 Parganas, in C. Case No. 414 of 2008 Under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The relevant facts of the present case are, in a nutshell, as follows:

(2.) The petitioner herein filed one application Under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Additional Chief Judicial Magistrate, Bidhan Nagar, North 24 Parganas, which was registered as C. Case No. 414 of 2008. In the said application the petitioner prayed for residential relief under Section 19 of the said Act, on the ground that on account of the superannuation of her husband, she vacated the Government quarters where she used to reside and she had to take rented accommodation. In the said application, it is contended that her husband was the owner of the flat situated at 1/1,221/8 Sakin Apartment, Roypur Road, Lotus Park, under Jadavpur Police Station, Calcutta-700 047 and accordingly, she may be given the right to reside in the said flat of her husband. The learned Magistrate after recording evidence of both the parties and considering the materials on record allowed the prayer of the petitioner and passed the following orders:

(3.) Being aggrieved by the said order dated 15.11.2008 passed by the Learned Magistrate, the Husband/Respondent preferred an appeal which was registered as Criminal Appeal No. 17 of 2009. The said appeal was allowed and the order of the learned Trial Court was set aside and the case was remanded back to the Trial Court. After retrial of the said case, the Learned Additional Chief Judicial Magistrate passed an order on 6.3.2010 allowing the petitioner to stay at flat No. 1/1,221/8 Sakin Apartment, Roypur Road, Lotus Park, under Jadavpur Police Station, Calcutta-700 047 of the Opposite Party/Husband and the Opposite Party/Husband was directed to pay the monthly maintenance charges, electricity charges, charges for water connection, Municipality Tax etc. during the stay of the petitioner in the said flat. In the said order, the Learned Magistrate also allowed the ailing son of the petitioner to stay in the said flat with the petitioner and the petitioner was restrained from driving out her son from that flat. The Opposite Party/Husband was also allowed by that order to search for alternate accommodation for him as per his (Opposite Party/Husband) evidence dated 18.2.2010. Being aggrieved by the said order the Petitioner/Wife as appellant preferred an appeal which was registered as Criminal Appeal No. 4 of 2010. The Learned Appellate Court (Additional District and Sessions Judge, Fast Track 4 th Court, Barasat), after hearing both sides dismissed the said appeal and thereby confirmed the Judgment and Order passed by the Learned Additional Chief Judicial Magistrate, Bidhan Nagar, on 6.3.2010 in connection with C. Case No. 414 of 2008.