ABHIJIT SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure filed at the instance of Shri Abhijit Sen, petitioner herein, seeking to quash the criminal proceeding and charge-sheet dated July 30, 2002 and order of cognizance dated Aug. 12, 2002 passed by the learned Sub-Divisional Judicial Magistrate, Alipore in Lake P. S. Case No. 22 dated 10th Jan., 1998 under Sec. 498, I.PC. out of C.G.R. No 123/1998.

(2.) Petitioner's wife, due to her wilful neglect and various mischievous and adulterous act was compelled to leave the house of the petitioner and decided to desert the petitioner and quite such she was leaving separately for quite a long time and the petitioner and his wife are not living in the same house since end of 1996 having no relation with each other. On Oct., 2002. the petitioner came to learn from some sources that a charge sheet has been filed against the petitioner under Sec. 49BA of the Indian Penal Code showing him as absconder.

(3.) Having received such information, the petitioner appeared before learned S.D.J.M. at Alipore and he was enlarged on bail by the concerned Court. As the learned Court was closed for a long time, the petitioner could not collect further information and ultimately the petitioner obtained a certified copy of orders from which he came to learn that his wife Smt. Romita Sen has lodged a complaint to the Officer-in-Charge, Lake Police Station, Calcutta making false and frivolous allegations and such complaint was lodged sometime in Oct. 20, 1997. -