SUBHAM ROY CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Present revisional application has been preferred against impugned order dtd. 18/12/2018 passed by learned ACJM, Alipore, South 24 Parganas in connection with T.R. Case No. 130 of 2017 corresponding to ACGR Case No. 4107 of 2016 arising out of Haridevpur Police Station Case No. 424 of 2016 dtd. 12/7/2016 under Sec. 498A, 406 and 34 of the Indian Penal code (IPC) pending before the learned ACJM at Alipore, South 24 Parganas.

(2.) Petitioners contended in their revisional application that the marriage of opposite party no. 2 took place with the petitioner no. 1 herein on 22/2/2016 under Special Marriage Act 1954. Petitioner no. 2 is the mother-in-law of opposite party no.2. Opposite party No. 2 stayed in her matrimonial home only for seven days, in two phrases and after discovery of her chronic ailments she withdrew herself from the matrimonial home on 3/3/2016 night and has been residing at her parental home since then. A suit has been filed on 10/5/2016 under sec. 25 of the Special Marriage Act by petitioner No. 1 for a declaration of nullity of marriage and as a counter blast, opposite party no. 2 lodged a written complain to the Haridevpur Police Station on 1/7/2016 after delay of 4 ½ months of her last stay at her matrimonial home against the husband/petitioner no.1 and his old parents and for which present proceeding started.

(3.) Subsequently after completion of investigation police submitted charge- sheet against the present petitioners who are the husband and mother-in-law of the opposite party no. 2 under sec. 498A, 406 and 34 of the I.P.C. Petitioners filed an application under sec. 239 of the code of Criminal Procedure 1973 (Code) before the learned ACJM, Alipore, South 24 Parganas for discharging them, but by the impugned order dtd. 18/12/2016, learned Additional Chief Judicial Magistrate (ACJM), Alipore, South 24 Parganas rejected the aforesaid prayer for discharge with an observation that there is sufficient materials in the record to frame charge against the accused persons though the learned ACJM, Alipore, South 24 Parganas has not given any reason for rejection of discharge petition, in respect of present petitioners.