Bibek Chaudhuri,J. - (1.) The instant criminal revision under Section 401 read with Section 482 of the Code of Criminal Procedure challenging legality, validity, correctness and propriety of the order dated 3 rd January, 2017 passed by the learned Additional Sessions Judge, 18th Court at Alipore, South 24-Parganas in Criminal Motion No.485 of 2015 is filed by the de facto complainant of Garfa Police Station Case No.181 dated 28th April, 2013.
(2.) The case of the petitioner is that her marriage was solemnized with Avik Banerjee, opposite party No.2 herein as per Hindu Rites and Customs on 18th January, 2012. She gave birth to a female child on 1st October, 2012. After the birth of the said child matrimonial discord started to crop up between the petitioner and the opposite party No.2 on the ground as to the reason that the petitioner gave birth to a child within 9/10 months of marriage. Finally the petitioner was driven out from her matrimonial home which prompted her to lodge a written complaint on 19th April, 2013 before the Officer-in-Charge, Garfa Police Station. On the basis of the said written complaint formal F.I.R. was drawn up under Sections 498A/406 of the Indian Penal Code against the opposite parties and Garfa Police Station Case No.181 of 2013 dated 28th April, 2013 was registered. Police took up the case for investigation. Charge sheet was filed against the opposite party No.2 and one Bacchu Chatterjee @ Arun Chatterjee before the learned Chief Judicial Magistrate, Alipore. The case was subsequently transferred to the Second Court of the learned Judicial Magistrate, South 24- Parganas. Said Bacchu Chatterjee @ Arun Chatterjee filed an application before the Trial Court with a prayer to discharge him from the said case. By an order dated 24th September, 2015 said Bacchu @ Arun Chatterjee was discharged. The opposite party No.2 also filed similar application which was, however, rejected by the learned Magistrate.
(3.) Opposite party No.2 challenged the said order in revision before the learned District Judge at Alipore, South 24-Parganas in Criminal Motion No.485 of 2015. In the said criminal revision the petitioner was not made a party respondent. The said criminal motion was heard by the learned Additional Sessions Judge, 18th Court at Alipore and vide order dated 3rd January, 2017 the learned Judge allowed the criminal revision filed by the opposite party No.2 and discharged him from the case.;