IN RE: SRI. DEBASIS CHAUDHURI Vs. STATE

JUDGEMENT

(1.) THIS revision application arose out of an judgment dated 28.2.2011 in connection with Criminal Revision/Motion No. 174 of 2007 passed by the learned Additional District & Sessions Judge, 1st Court, Hooghly reversing the order passed by the learned Judicial Magistrate, 2nd Court, Serampore in connection with Misc. Case No. 99 of 2003. None appears on behalf of the petitioner or on behalf of O.P. No. 2. Heard the learned counsel for O.P. No. 1.

(2.) THE background of this revision in a nutshell is that the petitioner and the opposite party No. 1 are husband and wife and their marriage took place on 24.7.2001 according to Hindu Rights. Due to misunderstanding the O.P. No. 1 left her matrimonial home and started to stay at her parent's house. In 2003, she preferred a Misc. Case No. 99 of 2003 under Section 125 of the Code of Criminal Procedure 1973 against the present petitioner/husband before the learned Sub -divisional Judicial Magistrate, Serampore which was later transferred to the 2nd Court of learned Judicial Magistrate, Serampore. The present petitioner was contested there and after hearing of both sides, the learned J.M., 2nd Court, Serampore dismissed the case.

(3.) SINCE none came on behalf of the petitioner, the case was taken up for hearing of the learned Counsel for the O.P. No. 1 for the purpose of disposal on merit.