JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court allowing the application under Section 401 read with Section 402 of the Code of Criminal Procedure, 1973 (in short the Code).

3.The main grievance in support of the petition is that the appellants were not granted opportunity of being heard before the petition was allowed by the learned Judge.

4.A brief reference to the factual aspects would suffice. Appellant No.1 is the wife of appellant No.2 who is a doctor by profession. Respondent No.1 filed a complaint alleging commission of offences punishable under Sections 323, 342, 382, 386 read with Section 120B of the Indian Penal Code, 1860 (in short the IPC). The learned Magistrate dismissed the complaint after recording statements of the complainant and two others. Questioning correctness of the order passed by the learned Magistrate, an application for revision was filed before the learned Additional District and Sessions Judge, First Track Court V, Alipore, South 24-Parganas. After hearing the revision petitioner-respondent No.1 herein the said revision petition was dismissed. 5.Be