BHAIRAV ROY Vs. TRIPTI ROY

JUDGEMENT

(1.) This revisional application under section 482 of the Code of Criminal Procedure is directed against an order dated 4.8.2001 passed by the learned Additional session Judge, Kalna, Burdwan, in Criminal Motion No. 87 of 2001 which affirmed the order passed by the learned Judicial Magistrate, Kalna, Burdwan in C.R. Case No. 133 of 2000 under section 498A, IPC.

(2.) The fact of the matter is over a criminal proceeding under section 498A of the Indian Penal Code. The wife Tripti Roy instituted the case being C.R. Case No. 143 of 2000 under section 498A IPC of Monteswar Police Station. After investigation of the case the police submitted the final report in the said C.R. case. Being aggrieved and dissatisfied with the said final report submitted by the police, Tripti Roy submitted a "naraji" petition and on the basis of the petition, treating the same a petition of complaint the learned SDJM, Kalna, Burdwan took cognizance of the offence on 9.11.2000 and thereafter the learned Magistrate transferred the case of the file to the learned J.M., Kalna. The said case registered as C.R. Case No.133 of 2000 (T.R. No. 166 of 2000) on 31.1.2001 the learned Magistrate after examining the complaint and one witness found a prima facie case and issued summons against the petitioners under section 498A of the IPC.

(3.) The husband and others being aggrieved and dissatisfied with the said action by the learned Magistrate preferred the said criminal motion before the learned Additional Sessions Judge and the learned Additional Sessions Judge by his impugned order dated 4.8.2001 dismissed the same and affirmed the order of the learned Magistrate.