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2023 Supreme(Cal) 198

SHAMPA DUTT (PAUL)
Majafor Seikh – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Petitioner:Pratip Kumar Chatterjee, Advocate.
For the Respondents:Sudip Ghosh, Bitasok Banerji, Mayukh Mukherjee, Abhijit Singh, Sarthak Mondal, Advocates.

JUDGMENT

The present revision is against an Order dated 29.07.2019 passed by the Ld. Additional Chief Judicial Magistrate, Katwa, Burdwan, in M.P. 218 of 2019 (C.I.S.No.169/2019) (Mojoffafar Sk Versus Lovely Khatoon and four Ors) whereby prayer of the complainant was rejected and the aforesaid case has been dropped.

The petitioner’s case is that the petitioner is a Graduate and works as Tiles Mason at Mumbai and when the incident occurred on 22.06.2019, he was at B.M.C School near Gurudwara, Vilaroli – (E), Mumbai.

The marriage between the petitioner and the opposite party No.2 herein was solemnized as per the Muslim’s rites and customs and till date the said marriage exists. After marriage the petitioner and opposite party No. 2 were living their conjugal life and due to the wedlock two male children were born. The petitioner herein due to his work resided outside the West Bengal and as & when got leave came to his house and stayed there for two or three days. The opposite party no. 2 herein sometimes resided in the residential house of the petitioner and sometimes she resided in her parent’s house. When this was/is going on at that time on 22.06.2019 the petitioner got a telephonic

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