NABA KUMAR KUNDU AND OTHERS Vs. RUMPA KUNDU

JUDGEMENT

(1.) Leave is granted to learned counsel for the petitioner to amend the cause title of the revisional application for correction of name of the opposite party as "Rumpa Kundu" in stead of "Rupa Kundu".

(2.) The petitioners have preferred this revision under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure praying for quashing of the proceeding of C. Case no. 173 of 2013 under Sections 406/34 of the Indian Penal Code pending before the court of learned Judicial Magistrate, 4th Court, Barasat, North 24 Parganas.

(3.) It appears from the materials on record that on June 23, 2011, the opposite party filed a written complaint before the Officer-in-Charge of Deganga Police Station, on the basis of which Deganga Police Station Case no. 348 dated June 23, 2011 under Sections 498A/406 of the Indian Penal Code came into existence. The police investigated the said criminal case and submitted charge-sheet against the petitioner nos. 1, 2, 3, 5 and 6 for the offence under Sections 498A/406/34 of the Indian Penal Code on July 31, 2011. I am informed that the charge has not yet been framed against the petitioner nos. 1, 2, 3, 5 and 6 by learned Magistrate of the trial court. It also appears from record that on Jan. 31, 2013, the opposite party filed a petition of complaint before the court of learned Chief Judicial Magistrate, Barasat, North 24 Parganas against the petitioners and one Rupa Mondal. Learned Magistrate took cognizance of the offence and issued process against the petitioners and one Rupa Mondal for the offence under Sections 406/34 of the Indian Penal Code.