LAWS(CAL)-2023-3-157

MAJAFOR SEIKH Vs. STATE OF WEST BENGAL

Decided On March 13, 2023
Majafor Seikh Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revision is against an Order dtd. 29/7/2019 passed by the Ld. Additional Chief Judicial Magistrate, Katwa, Burdwan, in M.P. 218 of 2019 (C.I.S.No.169/2019) (Mojoffafar Sk Versus Lovely Khatoon and four Ors) whereby prayer of the complainant was rejected and the aforesaid case has been dropped.

(2.) The petitioner's case is that the petitioner is a Graduate and works as Tiles Mason at Mumbai and when the incident occurred on 22/6/2019, he was at B.M.C School near Gurudwara, Vilaroli - (E), Mumbai.

(3.) The marriage between the petitioner and the opposite party No.2 herein was solemnized as per the Muslim's rites and customs and till date the said marriage exists. After marriage the petitioner and opposite party No. 2 were living their conjugal life and due to the wedlock two male children were born. The petitioner herein due to his work resided outside the West Bengal and as and when got leave came to his house and stayed there for two or three days. The opposite party no. 2 herein sometimes resided in the residential house of the petitioner and sometimes she resided in her parent's house. When this was/is going on at that time on 22/6/2019 the petitioner got a telephonic call from his elder son who told him that his mother will kill him and also asked him to come. On getting the said telephonic call the petitioner came to his house and got an information from there that on that date the opposite party no. 2 herein beat her elder son mercilessly. The accused persons also beat his mother and also broke his elder sister's hand.