SOMA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure filed by the petitioner against an order passed by the learned Judicial Magistrate 2nd Court at Alipore vide his order dated May 3, 2023 in connection with AC case no. 2709 of 2021 the application under Sec. 203 CRPC was dismissed.

(2.) Fact leading to filing of this case is that the petitioner resides with her husband and son in the adjacent room on the same floor and same premises where the opposite party no. 2 and 3 resides who are the in-laws of the present petitioner. The opposite party No 2 is the brother-in-law of the petitioner and the Opposite Party no. 3 is the wife of Opposite Party no. 2. The petitioner initiated proceedings under Sec. 23 of Protection of Women from Domestic Violence Act 2005 against the opposite party no. 2 and 3 after facing high magnitude of domestic violence from the opposite parties and the same is pending before the Court of second Judicial Magistrate at Alipore. During pendency of the said matter on the basis of an application preferred by the petitioner under Aection 23, read with 18 of the PWD Act, the learned Court on November 28, 2018 passed an order, directing the opposite parties to refrain from persisting any active violence towards the aggrieved party/petitioner and also restraining them from disturbing the peaceful residence of the petitioner in any manner at the shared household.

(3.) Despite knowing such fact and the order, the opposite parties without giving any heed to the same is continuing with committing breach of protection order on several occasions and numerous numbers of complaint has been lodged before the officer in-charge Parnashree Police Station, vide letter of complaints dated April 20, 2021, June 24, 2020, July 15, 2020 and January 13, 2021. On September 27, 2021, a specific complaint along with the protection order passed by the learned Court was lodged before the said Police Station against the opposite party No 2 and 3 for registering and FIR.