PRASANTA BANERJEE Vs. TANDRA BANERJEE

JUDGEMENT

(1.) The present application under Section 482 Cr. P. C. is directed against the order dated 14.01.2003 passed by the learned Additional Sessions Judge, 2nd Court, Hooghly in Criminal Motion No. 24/2000 affirming the order dated 19.08.99 passed by the Ld. Judicial Magistrate, 4th Court, Hooghly in M. C. Case No. 34/1999 under Section 125 Cr. P. C.

(2.) The circumstances leading to the above application are that the O. P. /wife initiated the above proceeding being M. C. Case No. 34/99 claiming maintenance @ Rs. 1500/-p. m. and cost of litigation to the tune of Rs. 2000/-. The O. P. also filed a separate petition praying for interim maintenance @ Rs. 1500/- p. m. for self and Rs. 1000/- for her newly born baby. The petitioner in his show cause stated that his marriage with the O. P. was solemnized on 15.07.98 after negotiation within a short period. On 16.07.98 the O. P. developed vomiting tendency and vertigo off and on. On 17.08.98 specimen urine of the O. P. was examined under the advice of doctor and the pregcolour test was positive. The ultrasonography report revealed that the uterus is just bulky showing presence of single gestational sac, the maturity being 5 to 6 weeks. On knowing the medical test report the O. P. became furious and subsequently being accompanied by her brother she left her matrimonial house with all her belongings. The petitioner denied the paternity of the female child. For ascertaining the paternity of the said child the petitioner filed a petition for DNA test at his own cost which was rejected by the Ld. Magistrate by order dated 19.08.99 and the criminal motion against the said order was dismissed by the impugned order dated 14.01.2003.

(3.) Being aggrieved by and dissatisfied with the said order, the petitioner has come up before this Court.