MRINAL KANTI SINHA

1. THE Judgment of the Court was delivered by Heard learned Advocates appearing for the parties. This revisional application under section 401 read with section 482 of the Code of Criminal Procedure, 1973, has been directed against the order dated 28.7.2006 passed by the learned Additional Chief Metropolitan Magistrate, Kolkata, whereby cognizance was taken regarding the commission of offence punishable under sections 494/498A of the Indian Penal Code by the petitioner in connection with case No. C/670/2006.

2. IT is the case of the petitioner accused that the petitioner met the opposite party No.2 namely Kajal Bandopadhyay (nee De) in the year 1992 when both the petitioner and opposite party No. 2 were lecturers of Vidyasagar University, Medinipur, and they had a love affair between them. The opposite party No.2 is the legally, married wife of the petitioner and their marriage took place on 5th March, 1993 as per the provision of Special Marriage Act, 1954 before the Marriage registrar Anta Bagchi. Out of their wedlock a male child Ananyo was born to them on 21.6 1994. Soon after marriage petitioner realised that the opposite party No.2 is devoid of love