IN RE PIYALI MANDAL MAJUMDER Vs. STATE

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure, directed against the order dtd. 17/2/2023 passed by the learned Judicial Magistrate, 1st Court, Jalpaiguri in connection with Maynaguri Police Station Case No.247 of 2012 corresponding to GR Case No.2764 of 2012 under Sec. 498A/494/506 of the Indian Penal Code whereby the learned Magistrate had dismissed the application filed by the petitioner for discharge under Sec. 239 of the Code of Criminal Procedure.

(2.) The petitioner contended that the opposite party no.2 lodged a false complaint against the present petitioner contending that she was married with one Raju Das on 18/5/1998. Since marriage she was treated with physical and mental cruelty by her husband for non-fulfillment of his further demand of dowry. Finding no other alternative, she along with her child returned to her paternal house. Now, she has got information that her said husband has married the present petitioner who is/was a widow. As soon as she received the information about her husband's re-marriage, she rushed to her in laws house and tried to make contact with her husband but she was threatened over phone by her husband that he will dissolve their matrimonial tie. She further alleged that presently she is living in a distress condition along with her child. On the basis of such allegation, the investigation started and after completion of investigation, police has submitted charge sheet against the present petitioner as well as against the husband of defacto complainant (who is not the petitioner herein) under Sec. 498A/494/506 of the Indian Penal Code.

(3.) Mr. Mazoomdar, Learned counsel appearing on behalf of the petitioner submits that the petitioner is neither wife of the defacto complainant's husband nor the relative of her husband. In the charge sheet, police failed to provide any documentary evidence which can substantiate the alleged second marriage of the petitioner with the husband of the defacto complainant, so that the present case can attract Sec. 498-A of the Indian Penal Code.