- (1.) A distraught daughter-in-law, battered and tortured in the hands of her in-laws, seeks to countermand the order No. 2 dated 24.7.2003 passed by the learned Sessions Judge, Alipore in Criminal Misc. Case No. 4728 of 2003 obtained by the respondent (Swapan Ganguly), who although fictionally was not a member of her in-laws' family in the grammatical sense yet was the principal architect of all her miseries and reason of her jinxed matrimony by his sinister advice and role which cast a ominus influence on her in-laws' family.
(2.) Taking out the present application she has sought to cancel the impugned order obtained by the respondent under section 438 of the Code of Criminal Procedure (for short, the said Code) from the learned Sessions Judge on the premises that the finding of the learned Sessions Judge that since the petitioner (Swapan Ganguly) being a family friend could not come within the provisions of section 498A of the Indian Penal Code was wholly untenable and the averments made in the First Information Report was sufficient to constitute a case under section 307 of the Indian Penal Code and since the same discloses sufficient materials against the respondent, it was not incumbent upon the learned Sessions Judge to have allowed the prayer of the respondent made under section 438 of the said Code.
(3.) Shri Debasish Roy, learned Counsel representing her being assisted by Shri Syed Samsher AH and Shri Shyamal Roy submitted that apart from section 498A of the Indian Penal Code section 406 read with section 120B of the Indian Penal Code was incorporated in the complaint lodged by the present petitioner which was treated as the First Information Report giving rise to Beliaghata Police Station Case No. 125 dated 21.6.2003 under sections 120B, 498A and 406 of the Indian Penal Code and although there were materials in the Case Diary the learned Public Prosecutor did not opposed the prayer of the respondent; but, the learned Sessions Judge should have consider the Case Diary properly and refused the anticipatory bail of the respondent.;