PARIMAL KANTI PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has preferred the revisional application under section 482 of the Code of Criminal Procedure (in short the Code) assailing the order dated 3.3.06 passed by the learned Additional Sessions Judge, Durgapur in Criminal Motion No. 32 of 2005 thereby affirming the order dated 21.4.05 passed by the learned Sub-Divisional Magistrate (hereinafter called the SDM), Durgapur in M. P. Case No. 79 of 2005 issuing search warrant under section 97 of the Code for the recovery of minor son of opposite party (in short o.p.) No. 2 from the custody of petitioner.

(2.) At the time of admitting this revisional application this Court granted stay of the order dated 3.3.06 passed by the learned Additional Sessions Judge, Durgapur and being aggrieved by, and dissatisfied with, the said interim order, the o.p. No. 2 filed one application for vacating the interim order which was registered as CRAN No. 1374 of 2006 and both the revisional application and the application being CRAN No. 1374 of 2006 were heard analogously. I intend to dispose of both the CRR No. 1387 of 2006 and CRAN No. 1374 of 2006 by this common judgment and order.

(3.) Mr. Milon Mukherjee, the learned Advocate for the petitioner submitted that the petitioner and O. P. No. 2 are husband and wife and their marriage was solemnised on 31.1.01. After marriage they were happy and were blessed with a son named Nilanjan @ Soumendu Pal, who was born on 31.12.01. Subsequently, the relation between the husband and wife became strained and the O.P. No. 2 used to inflict both physical and mental torture on the petitioner. On 16.12.04 the O.P. No. 2 left her matrimonial home and deserted the petitioner as also the minor son and started living at her paternal home. The petitioner made several attempts to take her back but failed. Thereafter, the petitioner filed an application under section 13 of the Hindu Marriage Act (in short the H.M. Act) before the Court of the learned Additional District Judge, Durgapur on 21.1.05 praying for a decree of divorce which was registered as MAT Suit No. 43 of 2005.