MIRA GHOSH Vs. MIRA GHOSH

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure, this criminal revision has been brought before this Court by one of the accused for quashing of the impugned complaint under Sections 494/120B of the Indian Penal Code against him, which is now pending before the Learned Judicial Magistrate, 4th Court, Howrah.

(2.) Mr. Biplab Mitra, learned Advocate appearing in support of this application urged before this Court except the allegations made in the petition of complaint, no allegation has been made against the petitioner in the initial, deposition of the complainant and her witnesses recorded under Section 200 of the Code of Criminal Procedure. He further submitted that in connection with this case the Court directed for an enquiry under Section 202 of the Code of Criminal Procedure and during such enquiry nothing has been divulged against the present petitioner. Accordingly, Mr. Mitra submitted, since no case has been made out, the Learned Magistrate should not have issued process against the present petitioner and the case against her is liable to be quashed.

(3.) In support of his contention, Mr. Mitra relied on the following decisions, viz., (i) Ram Biraji Devi & Anr. v. Umesh Kumar Singh & Anr., reported in (2006)2 C Cr LR (SC) 118, (ii) Sankar Finance & Investments v. State of Andhra Pradesh & Ors., reported in (2008)3 SCC (Cr) 558, (iii) Nirmaljit Singh Hoon v. State of West Bengal & Anr., reported in 1973 SCC (Cr) 521 and (iv) National Small Industries Corporation Ltd. v. State (NCT of Delhi) & Ors., reported in (2009)1 SCC (Cr) 513.