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2022 Supreme(Cal) 1150

ANANDA KUMAR MUKHERJEE
Uttam Saha – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Tapas Kumar Sinha, Advocate, Dipa Bhattacharya (Sarma), Advocate, Suman De, Advocate, Sudip Ghosh, Advocate, Apurba Kumar Datta, Advocate

JUDGMENT

ananda Kumar Mukherjee, J. - This revisional application under section 401, read with section 482 of the Code of Criminal Procedure, 1973 is directed against order dated 09.01.2020 passed by Learned additional Sessions Judge, First Track Court-II, Howrah, whereby the petition dated 06.01.2020 filed by the petitioners under section 311 of code of Criminal Procedure in connection with Sessions Trial No. 205 of 2012 was rejected.

2. Petitioner no. 1 is the husband of petitioner no. 2, who are facing trial in S.T. No. 205 of 2012 under section 498 a/ 306/ 302 of the Indian Penal Code.

3. In brief, the prosecution case is that Papia Saha the daughter of defacto-complainant Swapan Kumar Sen was married to Haradhan Saha in the year 1995. Initially the defacto-complainant and his family did not recognise the marriage between the Papia and Haradhan Saha as it was an outcome of a love affair. The paternal family accepted the marriage after 7 to 8 months. Papia gave birth a son and a daughter and lived in her husband's house along with petitioner no. 1 the elder brother of the husband, petitioner no. 2 the sister-in-law and Gitabala Saha, her mother-in-law. after passage of time the hu

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