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CALCUTTA HIGH COURT
, J
Garima Shaw Alias Guddi Shaw v. Umesh Kumar Shaw
| Table of Content |
|---|
| 1. details of the revision application (Para 1 , 2 , 3) |
| 2. arguments on jurisdiction of the magistrate (Para 4 , 5 , 6) |
| 3. opposing party's legal contentions (Para 7 , 8 , 9) |
| 4. court observations on the implications of s.340 (Para 10 , 15 , 17) |
| 5. nature of maintenance proceedings (Para 11) |
| 6. legal precedent and implications of s.340 (Para 14 , 20 , 21) |
| 7. final ruling and order (Para 25 , 26 , 27 , 28 , 29) |
1. By filing this Criminal Revisional application under S.482 of the Code of Criminal Procedure, 1973 , the Petitioner has challenged the correctness, legality and propriety of an Order dated 03.11.2021 passed by the Learned Additional Chief Metropolitan Magistrate - II, Calcutta in the Complaint Case No. CNS No. 1058 of 2021.
2. By the said impugned order dated 03.11.2021, the Learned Magistrate took cognizance against the petitioner under S.193/199/209 of the IPC in a proceeding filed under S.340 read with S.195 of the CrPC.
3. The brief facts, leading to filing of this Criminal Revisional application, are as under: -
3a. The petitioner is a legally married wife of the opposite party No. 1. She had filed an application under S.12 read with S.23 of the Protection of
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