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2023 Supreme(Gau) 660

ROBIN PHUKAN
Adhir Chandra Ghosh S/o Late Suren Ghosh – Appellant
Versus
Anupama Ghosh W/o Shri Mantu Ghosh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S. Roy.
For the Respondent: N. Uddin.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Ms. S. Roy, learned counsel for the petitioners and also heard Mr. M.I. Hussain, learned counsel appearing for the sole respondent.

2. In this petition, under Section 482 of the Code of Criminal Procedure, 1973, three petitioners, namely, Shri Adhir Chandra Ghosh, Sri Pankaj Ghosh and Smti. Jhuma Ghosh have put to challenge the correctness or otherwise of the order dated 10.12.2021, passed by the learned Sub-Divisional Judicial Magistrate (M), Bilashipara in C.R. Case No. 174/2021, whereby the learned Magistrate took cognizance of the offence under Section 498(A)/406/506/34 of the IPC, against the present petitioners and another person, and all other subsequent orders thereto.

3. The factual background, leading to filing of the present petition, is adumbrated herein-below:

    “The respondent herein-Smti Anupama Ghosh married with Shri Mantu Ghosh on 28.01.2012, as per Hindu rites and rituals. Thereafter, they started their conjugal life. The petitioner No. 1-Shri Adhir Chandra Ghosh is the father-in-law of the respondent and petitioner No. 2-Sri Pankaj Ghosh is her brother-in-law and Smti. Jhuma Ghosh is her sister-in-law and they used to live jointly.

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