SIKHA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for setting aside of the Judgment and Order dtd. 6/3/2019 passed by the Learned District and Sessions Judge, 1st Court, Serampore at Hooghy in Criminal Appeal No. 23/2016, thereby affirming the Judgment and Order of acquittal dtd. 26/8/2015 passed in connection with G.R. Case No. 37 of 2007 arising out of Dankuni Police Station Case No. 9 of 2007 dtd. 15/1/2007 registered for investigation into alleged offences punishable under Ss. 498A/323 of the Indian Penal Code, 1860 passed by the Learned Judicial Magistrate, 1st Class, 2nd Court, Serampore thereby acquitting the opposite party no.2 herein from the charge under Sec. 498A of the Indian Penal Code.

(2.) The revision is thus against an order of acquittal passed by the Trial Court and affirmed by the Appellate Court.

(3.) The petitioner/de facto complainant's case is that pursuant to an application under Sec. 156(3) of the Code of Criminal Procedure before the Learned Additional Chief Judicial Magistrate at Serampore filed by the petitioner and the direction to the Dankuni Police Station by the Learned Magistrate to investigate into the allegations made out in the said complaint, Dankuni Police Station Case No. 9 of 2007 dtd. 15/1/2007 was registered for investigation into alleged offences punishable under Ss. 498A/323 of the Indian Penal Code, 1860.