DEBABRATA BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Mr. Acharyya, learned Advocate appears for the petitioner and Mr. Mitra, learned Advocate appears for the O.P. No. 2. None appears on behalf of the O.P, No. 1. Heard Mr. Acharyya learned Advocate for the petitioner and Mr. Mitra, learned Advocate for the O.P. No. 2.

(2.) The present revisional application under Section 401 read with Section 482, Cr.P.C. filed by the petitioner is directed against the order dated 12.12.03 passed by the learned Judicial Magistrate, 8th Court Alipore in Criminal Misc Case No. 28/2000 corresponding to T.R. No. 11/01 under Section 125, Cr.P.C. By the order impugned the learned Magistrate disposed of the petition filed by the present petitioner observing that his prayer could not be entertained at that stage and there was no scope to frame preliminary issue on the point of maintainability of the proceeding in a proceeding under Section 125, Cr.P.C.

(3.) On hearing Mr. Acharyya, learned Advocate for the petitioner and Mr. Mitra, learned Advocate for the O.R No. 2 and joining through the materials on record I find that an application under Section 12 of the Hindu Marriage Act, 1955 was filed by the present O.P. No. 2 against the present petitioner in the Court of the learned District Judge, Barasat North 24-Parganas and by the order being order No. 13 dated 2.7.01 passed in Mat Suit No. 102/ 2000 the learned Additional District Judge, Second Court, North 24-Parganas Barasat annulled the marriage between the present O.R and the present petitioner which was solemnised on 1.3.99 by a decree of nullity under Section 12 of the Hindu Marriage Act. Admittedly no appeal has been preferred against the said judgment and decree passed by the learned Additional District Judge Second Court Barasat, North 24-Parganas in the said Matrimonial Suit.