- (1.) Two revisional applications being C.R.R. No. 3835 of 2007 and C.R.R. No. 3864 of 2007 are directed against an order dated 10th July, 2007 passed by the learned Judicial Magistrate, Raiganj, Uttar Dinajpur in G.R. Case No. 87 of 2005. Both the Said revisional applications are accordingly taken up for hearing together.
(2.) Heard learned Counsel for the petitioners in the Said two cases and Mr. Mallick as learned Counsel appearing for the opposite party/State in C.R.R. No. 3835 of 2007 and Mr. Ahmed appearing as learned Counsel for the opposite party State in C.R.R. No. 3864 of 2007. Mr. De, who appears as learned Counsel for the private opposite party No. 2, is heard as well. Perused the materials in the case diary.
(3.) Learned Counsel for the petitioners submits that the learned Trial Court failed to take into consideration the fact that there is neither any iota of material nor any evidence so as to implicate the present petitioner with the alleged offence under section 498-A of the Indian Penal Code. It is further submitted that the marriage between the parties has ended in Talak and that too before the alleged incident, it could not be Said that Rejaul Islam was the husband of the alleged victim. Stretching this a little further it is further contended that other petitioners thus could not also be implicated as they are also not members of the family of the husband. Section 498-A of the Indian Penal Code reads as follows : "Section 498-A - Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.-For the purpose of this section, 'cruelty' means (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life,, limb or health (whether mental or physical) of the woman, or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.";