DIPALI CHATTERJEE GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BOTH the revisional applications were directed to be heard analogously by the order dated 17. 12. 2007.

(2.) IT is the case of the petitioners of CRR No. 3861 of 2007 that the opposite party No. 2, being the defacto-complainant, submitted a petition of complaint before the learned Additional Chief Judicial Magistrate, Serampore, hooghly being C. R. case No. 518 of 2007 against the petitioners alleging therein that she was the legally married wife of late Kalyan Chatterjee and such marriage took place on 5. 8. 2001 as per Hindu Rites and Customs. Out of the said wedlock, a male child was born viz. Abhisekh Chatterjee, on 30. 6. 2002. It is alleged in the petition of complaint that due to constant mental and physical torture in the matrimonial house, the petitioner had to live in a rented house with her husband and minor son for about two years. Subsequently, she again returned back to the matrimonial home along with her husband and son as per request of the accused persons. However, ultimately the accused persons along with the husband of the complainant drove her out from the said matrimonial house by way of snatching the minor boy from the complainant. It is alleged that the accused persons at that time also retained gold ornaments and other articles of the complainant. Since then the complainant started living in her father's house. Thereafter the husband of the complainant committed suicide. On 11. 7. 2007 the complainant went to her matrimonial house to take back her son but the accused persons did not allow the boy to meet his mother and confined him in a room. Subsequently, at the instigation of the accused persons, the complainant was arrested by the police in a case under Section 306 of the Indian Penal Code alleging that she abetted the commission of suicide by her husband. Ultimately, the complainant was released on bail and on 29. 7. 2007 when the complainant went to the matrimonial house for taking back her son, at that time the accused persons did not handover the said boy to his mother and confined him in a room. Finding no other alternative, the complainant filed the petition of complaint against the accused persons, who are the petitioners of this revisional application and the learned Magistrate was pleased to issue summons under Section 344 of the Indian Penal Code against them.

(3.) ON the basis of the said summons, the petitioners surrendered before the Court below and were released on bail. During the pendency of the said case, the petitioner No. 1, who is the grandmother of the boy and the opposite party No. 2 being the mother of the said boy filed petitions praying for custody of the said boy. However, the learned Magistrate by his order dated 16. 8. 2007 handed over the custody of the said boy in favour of the petitioner no. 1, the grandmother. Before passing such order the learned Magistrate made enquiry from the said alleged victim boy and being satisfied that he was not illegally confined by the present petitioners/accused persons, the custody of the boy was given in favour of the petitioner No. 1.