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Md. Nurul Islam Mondal-vs-State Of West Bengal And Anr. on 10 May, 2007

Calcutta High Court Md. Nurul Islam Mondal-vs-State Of West Bengal And Anr. on 10 May, 2007
Equivalent citations:2007 (4) CHN 461
Author: S K Gupta
Bench: S K Gupta

JUDGMENT

Sadhan Kumar Gupta, J.

1. This revisional application has been preferred under Section 482 of the Cr. PC praying for quashing of a proceeding of G.R. Case No. 901 of 2006 corresponding to Baruipur P.S. Case No. 214 dated 12.9.2006.

2. Case of the petitioner is that opposite party No. 2 was married with petitioner as per Muslim rites. But due to mal-adjustment in between the spouse, matrimonial relationship broke down and ultimately, petitioner gave talak on 3.5.2006 to opposite party No. 2. Before that, said opposite party No. 2 left the matrimonial house on 23rd April, 2006 leaving her minor son in the house of the petitioner.

3. On 2.5.2006 the opposite party No. 2 filed a petition of complaint before the Id. Additional Chief Judicial Magistrate, Baruipur against the petitioner for alleged commission of offence punishable under Section 323/343 of the Indian Penal Code and the said case was numbered as C-321 of 2006. On the same day the opposite party No. 2 filed a petition praying for issuance of search warrant under Section 97 of the Cr. PC for recovery of her minor son from the custody of the petitioner. Such prayer was allowed and the O.C. Baruipur P.S. was directed by the Id. Magistrate to recover the said son. Against that order, petitioner filed a revisional application before the Id. Additional Sessions Judge, Alipore. But the Id. Additional Sessions Judge by his order dated 25.9.2006 was pleased to dismiss the said revisional application.

4. The opposite party No. 2, before institution of the present case, filed another petition of complaint before the Id. Additional Chief Judicial Magistrate, Baruipur who was pleased to sent the same to the P.S. for investigation under Section 156(3) of the Cr. PC. On the basis of that, Baruipur P.S. Case No. 99 of 2006 dated 9.5.2006 was registered for investigation in respect of alleged commission of offence punishable under Section 498A/406/307 of the Indian Penal Code. That case is still pending for investigation.

5. That apart, opposite party No. 2 on 23.8.2006 filed another application under Section 125 Cr. PC before the Id. Additional Chief Judicial Magistrate, Baruipur praying for maintenance for herself @ 2,500/- per month. Said application is still pending for adjudication.

6. In the meantime, an application under Section 7 of the Guardianship and Wards Act, 1890 has been filed before the Id. District Judge, Alipore, praying for custody of the minor son of the petitioner. Said application is still pending for final decision.

7. In spite of pendency of all those cases, opposite party No. 2 filed a petition of complaint before the Id. Additional Chief Judicial Magistrate, Baruipur who was pleased to send the same to the Baruipur P.S. for investigation. Pursuant to such direction of the Id. Magistrate, Baruipur P.S. case No. 214 (9) of 2006 dated 12.9.2006 was registered for investigation on the alleged commission of offence punishable under Section 363/366 of the Indian Penal Code against the petitioner and his brother. It has been alleged in the said petition of complaint that on 23.4.2006 complainant/opposite party No. 2 was driven out of the matrimonial house with her minor son and since then she was living in her paternal house. On 27.4.2006 when complainant/opposite party No. 2 went for casting her vote, accused persons came to her paternal house and abducted her minor son. Police did not take any action. As such, the complainant filed a petition of complaint before the Id. Additional Chief Judicial Magistrate, Baruipur alleging commission of offence by the accused/petitioner punishable under Section 323/343 of the Indian Penal Code and simultaneously a prayer for issuance of search warrant was also made.

8. So far as the present police case is concerned, the petitioner has claimed that he was arrested by the police in connection with the case and ultimately he was released on bail. On 2.11.2006,1.O. prayed for addition of Section 364A/ 365/506 of the Indian Penal Code and the Id. Magistrate was pleased to allow such prayer. During the course of investigation of the said case, the I.O. recovered the minor son of the petitioner and produced him before the Id. Magistrate who was pleased to grant interim custody of the said child in favour of the opposite party No. 2.

9. Petitioner, in this revisional application, has claimed that it is very much clear that the opposite party No. 2. in order to take revenge has filed several cases on the self-same cause of action only to harass the petitioner and his family members. I.O. also joined hands with the opposite party No. 2 in this respect and without any reason whatsoever has added the Section 364A/365/120B of the Indian Penal Code claiming therein that the petitioner demanded ransom from the opposite party No. 2 for return of the child and also threatened that the said child would

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