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2024 Supreme(Cal) 272

UDAY KUMAR
Subhendu Pandit – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Prasenjit Debnath, Pritha Biswas.
For the Respondents: Krishnendu Bhattacharya, Priyankar Ganguly, Nilanjana Ghorui, Sarmistha Basak.

JUDGMENT :

UDAY KUMAR, J.

1. The instant revisional application is preferred under section 401 read with 482 of code of criminal procedure 1973, against the judgment and order dated 30th May 2023 of Ld. Additional Sessions Judge F.T.C. 2nd Court, Krishnanagar Nadia passed in connection with Misc. Criminal Appeal No 12 of 2021, whereby Ld. Court modified the order dated 25th August 2021 of Ld. Judicial Magistrate 5th Court, Krishnanagar, Nadia passed in Misc. Criminal Case No 74 of 2020 under Section 12 of the Protection of Women from Domestic Violence Act 2005 for relief claimed under Sections 18, 19, 20, 21, 22 of the said Act.

2. The petitioner Subhendu Pandit is the husband of O.P. No. 2 Moumita 2nd Pandit whose marriage was solemnized on December 2009 as per Hindu rites and customs. After the marriage O.P. No. 2 started residing with Subhendu Pandit at her matrimonial house and subsequently O.P. No. 2 gave birth to a baby girl. The discontentment prevailing on the issue of dowry, aggravated after the birth of the daughter. The issue of an illicit relationship of the petitioner with a lady complicated the marital relationship when O.P. No. 2, resisted petitioner. As a result, the i

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