Decided on August 16,2022

Swapan Chakma Appellant


T.AMARNATH GOUD,J. - (1.)By dint of this petition filed under Sec. 482 of the Cr.P.C, 1973, the petitioner urge this court to quash the order passed by the Ld. Sessions Judge, Gomati District, Udaipur, Tripura in Criminal Revision 01 of 2022 dtd. 12/4/2022 in connection with case No.PRC(WP) 24 of 2021 under Ss. 498A/494 of IPC pending before the Ld. Sub-Divisional Judicial Magistrate, Amarpur, Gomati Tripura.
(2.)It is a case of the petitioner that in the year 2005, the complainant got married with the petitioner herein and thereafter, since 2017, the torture upon the complainant started and on 12/10/2020 the complainant came to know from a source that the petitioner herein is getting married to a lady namely Smt. Paheli Tripura and after going there with some police personnel she found that the petitioner herein performed marriage as per their Chakma customary laws. The said complaint was filed before the officer in charge, Natun Bazar Police station and the OC of the police station treated the same as FIR and registered the case as Natun Bazar PS No.35 of 2020 dtd. 12/10/2020. After completion of the investigation, the Investigating Officer of the case filed charge sheet before the Ld. Sub-Divisional Judicial Magistrate, Amarpur, Gomati Tripura, Under Sec. 498A/494/212 of the IPC against the petitioner as well as the lady namely Smt. Paheli Tripura. The petitioner made an application for discharge under Sec. 227 of Cr.P.C before the Ld. Sub-Divisional Judicial Magistrate, Amarpur, Gomati Tripura and the same was rejected. Being aggrieved and dissatisfied, the petitioner herein approached the Ld. Sessions Judge, Gomati Tripura vide Criminal Revision petition No.01 of 2022 and the Ld. Sessions Judge was pleased to discharge the petitioner herein from Sec. 212 of IPC but directed the Ld. Sub-divisional Judicial Magistrate, Amarpur, Gomati Tripura to frame charge under Sec. 498A and 494 of IPC against the petitioner herein vide order dtd. 12/4/2022 Being dissatisfied with the order, the petitioner approached this Hon'ble Court and hence this petition.
(3.)During the course of the argument Mr. Biswas, learned senior counsel for the petitioner submitted that he is not pressing the case for quashing of 498A of the IPC rather he is before this court seeking discharge of Sec. 494 of the IPC directed to be framed against the petitioner by the order dtd. 12/4/2022 by the court of the Sessions Judge, Gomati District, Udaipur.

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