(1.) THE application under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure is filed by the petitioner herein being aggrieved by the order dated 23. 12. 2004 passed by the learned Additional Sessions Judge, Fast Track 2nd Court, Barrackpore in connection with Criminal Revision No. 109 of 2004 affirming the order dated 19. 2. 2004 passed by learned Judicial Magistrate, 4th Court, Barrackpore in connection with No. M Case No. 90 of 2003.
(2.) THE main contention of the petitioner is that he is married to one smt. Tapati Roy and the said marriage was solemnized according to Hindu rites on 10th May, 1978. Out of said marriage, one son was born in the year 1979 and one daughter was born in the year 1984. The said marriage is still subsisting, opposite party No. 1 is legally married wife of one Badal Kar @ paritosh Kar which is revealed from the voter list of Noapara Assembly constituency. The said opposite party introduced herself as legally married wife of petitioner on the basis of purported Certificate of Marriage and the wife of the petitioner has filed a suit for annulment of marriage with consequential reliefs for cancellation of the Certificate of Marriage in the court of the learned District Judge at Barasat. The said suit was registered as Matrimonial Suit No. 1495 of 2004 and the suit is still pending.
(3.) PETITIONER along with his family members obtained ration cards and got their names registered in the electoral roll.