ORDER :

1. The petitioner has assailed legality of the order dated 18.01.2016 by which Complaint Case No. 1599 of 2015 has been dismissed under Section 203 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).

2. Mr. A.K. Sinha, the learned Senior Counsel for the petitioner has raised two-fold contentions viz. (i) at the stage of enquiry the Magistrate cannot go into the merits of the case and all that he has to examine is whether a prima-facie case is made out and (ii) complaint petition has been dismissed on the ground that other litigations between the parties are pending, an extraneous ground not to be found in Statute or a judicial decision.

3. Marriage between the parties was solemnized on 18.02.2011. The petitioner has stated that after the marriage he became seriously ill but O.P. No. 2, his wife, did not take care of him rather inflicted various acts of torture upon him and finally on 10.04.2011 left for her parents' place. Constrained, he instituted M.T.S. No. 324 of 2011 for divorce. On receiving notice in the divorce case, O.P. No. 2 and his two brothers threatened him on 14.12.2011 and made their intentions clear to implicate him in a false criminal case