pk C.R.R 2226 of 2004
Monir Hossain @ Apu and another
State and another
None appears for the petitioners. No accommodation is
The revisional application has been preferred in connection
with C. G. R. No. 1901 of 2003 arising out of Ekbalpore Police
Station Case No. 127 dated 09.07.2003 under Sections
498A/Section406/Section34 of the Indian Penal Code and under Sections
324/Section341 of the Indian Penal Code.
I find that the petitioners are also aggrieved by the order
dated 01.07.2004 passed by the learned Judicial Magistrate, 4th
I find from the order dated 01.07.2004 passed by the learned
Judicial Magistrate that the petitioners filed an application for
discharge wherein the learned Magistrate was pleased to hold that
after consideration of the attending circumstances and the
materials under Section 173 Cr. P. C. and that the charges are not
restricted to Section 498A only and materials relied upon by the
Prosecution reflect a prima facie case under Sections 324/Section34 of
the Indian Penal Code and also for the offence of abetment under
Section 109 of the Indian Penal Code, no case for discharge has
been made out in the petition.
The reasons assigned by the learned Magistrate are cogent
and logical and as such do not call for interference by this Court.
Accordingly, C. R. R. 2226 of 2004 is dismissed.
I find from the order dated 7.2.2005 passed by this Court
that the interim order, which was granted earlier, was extended till
In view of the revisional application being dismissed all
interim orders granted earlier are hereby vacated.
Department is directed to communicate this order to the
learned court below.