Judgement Key Points

GITESH RANJAN BHATTACHARJEE, J.

( 1 ) IN this revisional application the petitioner prays for quashing the Criminal Misc. Case No. 355/93 pending in the Court of the learned Chief Judicial Magistrate, Alipore under Section 410, Cr. P. C. In the said case wife/opposite party herein prayed for withdrawal and transfer of Sec. Q-1 Case No. 66/91 from the Court of the learned. Additional Chief Judicial Magistrate, Sealdah to any other Court. On the basis of a complaint of the wife forwarded under Section 156 (3), Cr. P. C. police recorded an FIR and ultimately on completion of investigation submitted charge-sheet on or about 18-1-92 against the accused persons including the husband/petitioner herein under Sections 498a and 406, IPC. In that connection there had been various proceedings in different Courts between the parties. In course of time the de facto complaint/wife filed an application before the Chief Judicial Magistrate, Alipore for withdrawal and transfer of the said Criminal Case from the Court of the learned Additional Chief Judicial Magistrate, Sealdah to any other Court. On that application under Section 410, Cr. P. C. the learned Chief Judicial Magistrate, Alipore passed a

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