PRITI MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred challenging the charge-sheet filed in connection with Andal Police Station Case No. 82 of 2020 dtd. 1/3/2020 under Ss. 447/323/379/506 of the Indian Penal Code which is pending before learned Additional Chief Judicial Magistrate, Durgapur as also the order of cognizance and subsequent orders.

(2.) The genesis of the case was on the basis of application under Sec. 156(3) of the Code of Criminal Procedure which was filed before the learned Additional Chief Judicial Magistrate, Durgapur being M.P. Case No. 98 of 2020. The learned Magistrate on receipt of the same was pleased to direct the Officer-in-Charge, Andal Police Station to register a case, consequently the present case was initiated. The allegations made in the application under Sec. 156(3) of the Code of Criminal Procedure were to the effect that the complainant Subrata Mukherjee was married to Priti Mukherjee on or about 4/7/2009 and out of the said wedlock a girl child viz., Poulami Mukherjee was born on 29/11/2013. On 11/4/2013, the complainant's wife left her matrimonial home along with the child, taking away all her belongings including Streedhan articles and started staying at her parental home. Complainant on several occasions went to bring her back, but she refused to return. On 17/11/2019, the accused persons came in a Tata Sumo vehicle at the complainant's house, abused and threatened him thereby asking him to divorce his wife, in the alternative they would implicate the complainant in false criminal case. The accused persons smashed the household articles and being afraid the complainant started shouting when local people assembled at his house and the accused persons left the house with a message that in case the complainant do not pay, then he would be murdered. At the time of leaving, the accused persons took away his wrist watch and also threatened his mother.

(3.) The investigating agency on conclusion of investigation submitted charge-sheet before the jurisdictional court under Ss. 447/341/323/506/34 of the Indian Penal Code and the learned Additional Chief Judicial Magistrate, Durgapur was pleased to take cognizance of the offences.