Dipak Saha Ray, J. - (1.) THE present case arises out of an application under Section 401/482 of the Code of Criminal Procedure, 1973. It is directed against order dated 21.03.2011 passed by the Learned Judicial Magistrate, 3rd Court, Hooghly, Sadar in M.C. Case No. 41 of 2006.
(2.) THE relevant facts of the present case are, in a nutshell, as follows: The Wife/Petitioner herein as petitioner filed an application under Section 125 of the Code of Civil Procedure against her husband/Opposite Party No. 1 herein for maintenance. The said application was registered as the M.C. Case No. 41 of 2006. At the time of adducing evidence Opposite Party in the said case filed some documents including Income Tax Return in 'Saral Form' which were admitted in evidence and marked Exhibit "B" series in spite of opposition on behalf of the petitioner/wife to the effect that the signatures on the Income Tax Returns filed by the Opposite Party/Husband were forged. It is also the case of the petitioner that subsequently, she filed an application praying for sending the said documents to the hand writing expert for examination of the signatures appearing on the said documents, but after hearing both sides the learned Magistrate rejected the said application on 21.03.2011.
(3.) BEING aggrieved by and dissatisfied with the impugned order dated 21.03.2011, the Wife/Petitioner herein has preferred the instant application.;