- (1.) This criminal revisional application emanates from the order dated 12.02.2013 passed by the Learned Judicial Magistrate, 5th Court, at Sealdah, by which he had issued summons under Section 420, 120 B and 34 of the Indian Penal Code in connection with "C" case No. 206 of 2012.
(2.) In the revisional application the petitioner has ventilated his grievances by saying that a similar case with same allegation was lodged against him on 11.01.2008 by the opposite party before the Learned Additional Chief Judicial Magistrate, Sealdah which was numbered as "C" case No. 69 of 2008. After issuance of that summon, the present petitioners made their appearance before the said Court on 20.02.2008 and thereafter the said Court dismissed the complaint under Section 203 of Criminal Procedure Code after imposing a cost of Rs. 500/- upon the complainant (herein opposite party). That Learned Court held that the complainant (present opposite party) attempted to abuse the process of law. Thereafter, the present opposite party challenged the said order of Learned Additional Chief Judicial Magistrate by filing a revisional application and the Learned Additional District and Sessions Judge has dismissed the said revisional application and upheld the finding of the Learned Additional Chief Judicial Magistrate, Sealdah.
(3.) Subsequently the present opposite party instituted a Criminal Miscellaneous Case Bearing No. 2 of 2011 under Section 20 Sub-Section (2) and (4) of the Mental Health Act 1987 and that too was dismissed by the Learned Court below pursuant to an order passed by the Hon'ble High Court in C.R.R. No. 778 of 2011. The present petitioners further submitted that another complaint case vide No. 481 of 2006 under Section 498 A/323/506 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act has been initiated and also a matrimonial suit has been filed by the complainant and those cases are still pending.;