C.R.R. 3471 of 2006
SB Ct. No. 34 In Re : Kalyan Bose
None appears for the petitioner. No accommodation is sought
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
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.)