KALIDAS MUKHERJEE, J. - (1.) This is an application under Section 482 Cr.P.C. assailing the order dated 24.6.2008 passed by learned Additional Sessions Judge, Fast Track Court, Ghatal in Sessions Trial No. 1/March/2008 arising out of G.R. case No. 140 of 2003 whereby the learned Trial Judge rejected the application for discharge filed by the petitioners.
(2.) The case of the prosecution, in short, is that the O.P. No. 2 was married with the petitioner No. 1 on 13.12.1999. O.P. No. 2 has been living separately from her husband. The petitioner No. 1 filed a petition under 2 Section 13 of the Hindu Marriage Act praying for divorce against the O.P. No. 2 on 23.2.2001. In order to harass the petitioner O.P. No. 2 lodged a complaint which was sent by the learned Court to the P.S. under Section 156(3) Cr.P.C. It has been alleged therein that when the O.P. No. 2 was going to her relative's house she was molested by accused No. 1 Raj Kumar Das Karmakar and accused No. 3 Shyamal Das Karmakar. It has been further alleged that accused No. 1 and 3 tried to abduct her with the help of their motorcycle and threatened to kill her, her father and elder brother.
(3.) Upon receipt of the complaint which was sent to the P.S. under Section 156(3) Cr.P.C., Daspur P.S. case No. 41 dated 12.6.2003 was started under Section 341/506(2), 363, 364, 352/111 I.P.C. against the present petitioners. Upon competition of investigation the I.O. submitted charge sheet. Petitioner No. 3 filed an application being No. CRR 783 of 2006 under Section 482 Cr.P.C. for quashing of the proceedings and the Hon'ble Court after hearing the learned Advocates of both sides was pleased to dispose of the matter giving liberty to the petitioner to raise all the grievances before the learned Trial Court at the appropriate stage and the learned Trial Judge was directed to take the same into consideration and pass necessary order according to law. In terms of the liberty granted by the Hon'ble Court in the aforesaid criminal revision, the petitioners filed an application before the learned Court below praying for discharge which was rejected by the impugned order.;