NABANITA DUTTA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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P.N.Sinha, J. -
(1.)This revisional application is directed against the order dated 1-9-2003 passed by the learned Sub-Divisional Judicial Magistrate, Serampore, in petition No. 1740 filed by this petitioner in the said Court and thereby dismissing the complaint under section 203 of the Cr. P. C.
(2.)After hearing the learned Advocate for the petitioner, I am of theTDpinion that the instant revisional application can be disposed of without serving notice to the State.
(3.)The learned Advocate for the petitioner contended that the impugned order is bad in law as without complying with the provision of section 203 of Cr. P. C., the learned Magistrate dismissed the complaint. Moreover, the learned Magistrate did not consider that in order to attract offence under sections 420 and 406 of I.P.C. and section 45 of the Special Marriage Act, no question of complaint from any Court is required. In respect of offence under sections 196 and 199 of the I.P.C. there may be a bar under section 195 of Cr. P. C., but there cannot be any bar under section 195 of Cr. P. C. in respect of offence under sections 420/406 of I.P.C. and section 45 of the Special Marriage' Act.
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