GHOCHU RAJAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Judgment of the Court was as follows : The present case arises out of an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

(2.) IT is directed against the order dated 22nd July, 2011 passed by the learned Judicial Magistrate, 2nd Court, Barrackpore, North 24 Parganas in M. Case No. 40 of 2009 rejecting the prayer of the petitioners for maintenance as per the provision of Section 125 of the Code of Criminal Procedure.

(3.) NOW on careful perusal of the records of this case and Annexure- 'P2' at Page No. 26 it appears that during pendency of the proceeding one application was filed on behalf of the opposite party / daughter-in-law praying for dismissal of the proceeding on the ground of non-maintainability of the case. Accordingly, the learned Magistrate after hearing both parties passed the impugned order dismissing the case for maintenance.