- (1.) The instant Criminal Motion has arisen against the order passed by the learned District and Sessions Judge, Purba Medinipur in connection with the Criminal Case No. 23 of 2008 rejecting the petition for discharge, filed by the petitioner Bipul Parua.
(2.) Admittedly the petitioner, Bipul Parua is an accused in a Criminal Case under Section 494/109/323 I.P.C. The petitioner Bipul Parua filed a petition under Section 245 Cr.P.C. for discharging him on the ground that the marriage between them i.e. Sampa and Bipul was dissolved in the year 2007 in U.S.A. It is the specific submission of petitioner Bipul Parua that in view of the said dissolution of marriage a proceeding under Section 494 I.P.C. is not attracted here. On hearing both sides learned Sessions Judge rejected the prayer.
(3.) Being aggrieved by and dissatisfied with the said order passed by the learned Sessions Judge present motion preferred on the ground whether the learned Court below was justified in passing the said order of discharge or not.;