- (1.) These two revisional applications have been preferred by the respective petitioners challenging the order dated January 12, 2004 passed by the learned Judicial Magistrate, 3rd Court, Barrackpore in Case No. G.R. 1457/1993 arising out of North Bidhan Nagar P.S. Case No. 142 dated 29.4.93 and praying for quashing the impugned criminal proceeding as stated above.
(2.) I intend to dispose of both the revisional applications by this common judgment and order as the facts and points involved in both the revisional applications are identical.
(3.) Petitioner No. 1 Ajay Chakraborty of C.R.R. No. 353 of 2004 is the husband of O.P. No. 1 Chandana Chakraborty and she is the petitioner of C.R.R. No. 371 of 2004. They were married on 24.2.86. The wife lodged a complaint at North Bidhan Nagar P.S. and on the basis of it North Bidhan Nagar P.S. Case No. 142 dated 29.4.93 (G.R. No. 1457/93) under Sections . 498A/406/403/504/506/120B of the Indian Penal Code (hereinafter called the I.P.C.) was started against the husband. The husband filed matrimonial suit being MAT Suit No. 632 of 1991 before the learned District Judge, North 24 Parganas at Barasat and after transfer of the said suit in the Court of learned 3rd Additional District Judge at Barasat there was a decree in favour of husband and their matrimonial tie was dissolved. The wife preferred appeal in this Court against the judgment and decree granting divorce against her and it was registered as F.A. No. 242 of 2000. In the criminal case started on the basis of F.I.R. submitted by the wife the police investigated into the case and submitted charge-sheet against the husband and others and the learned Sub-Divisional Judicial Magistrate (hereinafter called the S.D.J.M.), Barrackpore took cognizance of offence and transferred the said case to the Court of learned Judicial Magistrate, 3rd Court, Barrackpore for trial and disposal.;