GOUTAM MAJUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved and/or dissatisfied with the impugned proceeding being G.R. case no. 2049 of 2019 pending before the learned Chief Judicial Magistrate, Paschim Bardhaman arising out of Asansol (south) Police Station case no. 289 of 2019 dtd. 3/9/2019 under Ss. 498A/323/506/34 of the Indian Penal Code, present revisional application has been preferred.

(2.) It has been contended by the learned advocate for the petitioners that petitioner no. 1 is aged about 71 years and he was married with the opposite party no. 2 on 11/2/1974 and since after the marriage, the opposite party no. 2 did not adjust with the petitioner no. 1 and his family members. There were disputes and differences between the parties at a regular interval due to behavioural attitude of opposite party no. 2. However, due to said wedlock, two sons and a daughter were born who are now well established in their life. The petitioner no. 1 was a bank employee and his service was transferable and as such he had to spend several years out of station and only few years back he came back to his home station and started to reside with his family permanently but surprisingly he discovered that his wife, son and daughter were not actually happy with him. The opposite party no. 2/complainant is very demanding in nature and she always demands huge money from petitioner no. 1. The petitioner no. 2 is the sister of petitioner no. 1, petitioner no. 3 is the husband of petitioner no. 2 , petitioner no. 4 is the son of petitioner no 2 and 3 and petitioner no. 5 is the wife of petitioner no. 4 and they are well settled in their lives and they have built their separate residence at different places. The petitioner nos. 1,2 and 3 are retired persons and petitioner no. 4 is a teacher. In fact, the petitioner no. 1 had become so much depressed due to rude and obscene behaviour from the opposite party no. 2 that he attempted to commit suicide on several occasions but on every occasion, the petitioner no. 2 and 3 saved his life. The petitioner no. 2 always threatened the petitioner no. 1 with unlawful demands and also threatened to lodge criminal cases against the petitioner no. 1 under the charges of attrocities and/or cruelty to the wife and used to threaten to put the petitioner no. 1 behind the bar under the provision of Indian Penal Code. When the opposite party no. 2 became unsuccessful in extorting huge money from petitioner no. 1 as per her demands, she went to petitioner no. 2 and 3's house with some antisocial elements on 21/4/2019 and committed a huge disorder and also abused her with filthy language for which the petitioner no. 1 sent a complaint dtd. 11/4/2019 through registered post with acknowledgement due addressed to Inspector-in-charge, Asansol South Police Station as well as to the Commissioner of Police, Asansol Durgapur police Commissionerate describing the torture which are being committed upon him by opposite party no. 2 and others. In the meantime, being aggrieved with the aforesaid incident committed by the opposite party no. 2 in her house, the petitioner no. 2 who is the younger sister of petitioner no. 1 filed a MP case no. 359 of 2019 against the opposite party no. 2 before the court of Sub-Divisional Executive Magistrate, Asansol under Sec. 107/116(3) of the Code of Criminal Procedure for a direction upon the opposite party no. 2 to execute bond to maintain peace and on perusal of such prayer, learned Magistrate was pleased to pass an order on 10/6/2019. At the same time, the petitioner no. 1 also filed another MP case no. 421 of 2019 before the learned Sub-Divisional Magistrate, Asansol under Sec. 107/116(3) of the Code against the opposite party no. 2 with the same prayer and learned Magistrate was also pleased to pass an order dtd. 21/6/2019 directing Asansol Police Station to cause an enquiry over the same.

(3.) Thereafter, the petitioner came to know that opposite party no. 2 on 3/9/2019 filed a complaint under Sec. 156(3) of the Code of Criminal Procedure vide complaint case no. 1179 of 2019 before the learned Chief Judicial Magistrate, Paschim Bardhaman with a prayer to direct the police authorities to lodge a first information report against the petitioners under Sec. 498A/323/506/34 of the Indian Penal Code.