P. Mandal, J. - (1.) This is an application under Sec. 482 of the Code of Criminal Procedure, 1973 praying for re -investigation of the G.R. Case No. 781 of 2007 pending before the learned Additional Chief Metropolitan Magistrate, Calcutta, by another investigating agency other than the previous investigation agency.
(2.) The short fact of the case is that the petitioner was married to one Chaitali Ganguly on 08.05.2002 by way of registration under the Special Marriage Act, 1954. Thereafter a social marriage was held between the two on 24.07.2002. After the marriage, both the parties began to reside together at the house of the husband. The petitioner/husband noticed that his wife is very adamant, idle nature, rude in speech, etc. She disclosed that she was forced to marry with the petitioner by her father and that the marriage was performed against her will. One child was born in the wedlock but the difference between the two continued. Ultimately, on 03.02.2005 the wife left her matrimonial home. The petitioner tried to reconcile with her in vain. Ultimately, the husband/petitioner filed a suit for divorce on 01.04.2005.
(3.) As a counter -blast, the wife filed one complaint case under Sec. 498A/406/34 of the I.P.C. on 21.11.2005 and that petition of complaint was sent to Shyampukur police station for investigation under Sec. 156(3) of the Cr.P.C. That case was ended into chargesheet. Now that criminal case is pending before the learned Metropolitan Magistrate, Fifteenth Court, Calcutta. The wife also filed another application under Sec. 125 of the Cr.P.C. before the learned Chief Metropolitan Magistrate, Barasat. The husband is contesting both the cases.;