( 1 ) THIS revisional application is directed against the order dated 15th June, 2006 passed by the learned Judicial Magistrate, 3rd Court, Alipore in complaint case No. C-3308 of 2005 thereby rejecting the application of the accused petitioner for dropping the complaint case due to non-filing of the list of prosecution witnesses in the complaint or by not mentioning names of witnesses for the complainant in the complaint petition filed by the O. P. No. 1.

( 2 ) MR. Mukherjee, the learned Advocate for the accused petitioner submitted that the marriage between petitioner and O. P. No. 1 was solemnised in the year 1967. Since 1969 the husband and wife are living separately. The O. P. No. 1 wife filed an application against the husband petitioner in the year 2003 claiming maintenance under section 125 of the Cr. PC. Thereafter, a civil suit was filed in the year 2004. The wife has filed the present complaint in the year 2005 against the husband petitioner for alleged offence under section 494 of the Indian Penal Code (in short the IPC ). In order to establish prima facie elements of offence under section 494 of the IPC and to summon the accused for committing such offence, essential

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