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Judgments of Supreme Court of India and High Courts

CRR/3471/2006 on 1 November, 2019

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60 01.11.2019

C.R.R. 3471 of 2006
SB Ct. No. 34 In Re : Kalyan Bose

None appears for the petitioner. No accommodation is sought

for.

The revisional application has been directed against the order

dated 25.08.2006 passed by the learned Additional Sessions Judge, 1st

Court, Alipore, 24 Parganas (South) in Criminal Motion No. 147 of

2006. By the said order the learned revisional court was pleased to set

aside the order dated 18.03.2006 passed by the learned Additional

Chief Judicial Magistrate, Alipore, 24 Parganas (South) for further

investigation of New Alipore P.S. Case No. 56 of 2003 dated

08.03.2003 under Sectionsections 498A/Section406/Section34 of the Indian Penal Code.

It is seen from the records of this case that by an order dated

22.11.2006 a liberty was granted to the petitioner to file supplementary

affidavit enclosing the copy of the order passed by the learned

Magistrate, I do not find that such a supplementary affidavit has been

filed till date. The order under challenge was passed on 25.08.2006

that is more than thirteen years ago wherein direction for further

investigation was set aside.

It is seen from the order passed by the learned revisional court

that after investigation of this case the investigating officer filed a report

with a prayer for discharge of the accused person due to insufficient

evidence. Assailing the said report a Naraji petition was filed before the
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learned Magistrate and there was a direction for further investigation.

The learned revisional court while dealing with the said order came to

the finding that the parties before the Civil Court have solved their

dispute and divorce has been granted on “no fault divorce”. According

to the learned revisional court it is to be presumed that both husband

and wife have waived their respective allegations against each other.

The subsequent filing of Naraji Petition as such is with the motto of

harassing the accused-opposite party.

In view of the findings so arrived at by the learned revisional

court after taking into account the matrimonial discord between the

parties and that the marital relationship has already been dissolved by

way of a decree of divorce, I do not think, it would be fit and proper to

interfere at this belated stage.

Accordingly, the revisional application being C.R.R. 3471 of

2006 is dismissed.

(Tirthankar Ghosh, J.)

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