P.K.Biswas, J. - (1.) This is an application under section 397,401 and 482 of the Code of Criminal Procedure, 1973 filed by petitioner shehnaz @ Shahjahan against the State of West Bengal and Opposite Party No. 2 Md. Ekram Khan seeking to set aside the order dated 22.3.2000 passed by the learned Judicial Magistrate, 1st Class, 2nd Court, Sealdah, South 24-Parganas in Case No. M-11 of 1996 (T.R. No. 11 of 98) dismissing the petition under section 125 of Cr. PC filed by the petitioner and allowing the petition under section 127(2)(b) of Cr. PC read with sections 5 and 7 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 filed by the Opposite Party No. 2.
(2.) The facts leading to the present revisional application are as under :- The present petitioner had filed an application before the concerned Court under section 125 Cr.PC against the Opposite party No. 2 alleging neglect to maintain her by the said Opposite party No. 2 as also torture, both physical and mental for which ultimately the petitioner was driven out on 16.6.96 from her matrimonial home.
(3.) Opposite Party No. 2 had also filed an application under section 127(2)(b) read with sections 5 and 7 of the Muslim woman (Protection of Rights on Divorce) Act, 1986 for dropping the petition under section 125 of the Cr. PC filed by the petitioner alleging that during the pendency of the said case he had given 'Talak' to the petitioner on 22.9.97 in presence of witnesses.;