BINOD KUMAR SIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 401 read with Section 482 of the Code of Criminal Procedure 1973 is filed challenging the order dated 24.2.2009 passed by the learned Judicial Magistrate, 2nd Court, Durgapur in connection with the C.R. Case No. 282 of 2008 for rejection of the application regarding the maintainability for want of jurisdiction.

(2.) The fact of the present case, in brief, is that the marriage in between O.P.2 and petitioner No. 1 was solemnized at Durgapur under the District of Burdwan and after marriage she began to live in her husband's house situated at Halisar under the District of 24 Parganas (North). After passing three months the petitioner No. 1 along with his family members being petitioner Nos.2 to 4 began to torture upon the O.P. No.2 with a plea for realizing dowry amount. At last the O.P. No.2 left the house of petitioner No.1 and began to stay in her father's house at Durgapur. Afterwards, the O.P. No. 2 has filed the petition of complaint under Section 498A/406/384/323/506/34 of the I.P.C. to the Court of the learned Additional Chief Judicial Magistrate at Durgapur and the summon was served upon the accused persons and thereafter the case was transferred to the Court of learned Judicial Magistrate, 2nd Court, Durgapur. During the pendency of the case, one application was filed by the accused persons i.e. the petitioners before the learned Judicial Magistrate, Durgapur to discharge the accused/petitioners for want of jurisdiction. Learned Judicial Magistrate rejected the said application on 24.2.2009..

(3.) Being aggrieved and dissatisfied against the said order dated 24. 2.2009 the petitioners/accused persons approached this Court by this application for setting aside the order dated 24.2.2009 as well as for discharging the accused.