SMT. SHASTHI CHATTERJEE Vs. SRI JIBANANDA CHATTERJEE

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of acquittal dtd. 20/12/1996 passed by the learned Judicial Magistrate, First Class, Raghunathpur, Purulia in Complaint Case No. 1 of 1990.

(2.) The case of the complainant in her application under Sec. 200 of the Code of Criminal Procedure, 1973 was that the respondent/opposite party had married the appellant under Hindu rites in a negotiated marriage between their respective families on 11/8/1984. The appellant was thereafter brought to the house of the respondent and kept with her inlaws i.e. parents of the opposite party.

(3.) It is an admitted position that the opposite party Jibananda Chatterjee was employed with the West Bengal Police. He was posted at Kolaghat. Upon repeated insistence by the appellant, the opposite party agreed to take her to live with him in his police residential quarters at his place of posting at Kolaghat. At Kolaghat that the appellant found, one Manabi Roy and a child living with the appellant in the said quarters. The opposite party informed the appellant that Manabi Roy was the wife of a colleague and he was merely accommodating her for sometime. The appellant, however, became suspicious of the relationship between the said Manabi Roy and the opposite party in view of their conduct. It later transpired to the appellant that the opposite party was actually married to the said Manabi Roy under the provisions of the Special Marriage Act sometimes in January, 1983.