- (1.) This Revisional Application under Section 401 read with Section 482 of the code of Criminal Procedure on behalf of the petitioner husband Indrajit Mukherjee, is directed against the order dated 28/04/1994, passed by Sri P. Dey, learned Sub-Divisional Judicial Magistrate, Burdwan, in connection with Burdwan, Police Station case No. 368 dated 18-7-93 under Sections 498A/346 of the Indian Penal Code, allowing thereby the petition on behalf of the wife Nandini Mukherjee (Respondent No. 2 in this application) for recording her statement under Section 164 of the code of Criminal Procedure for the second time and directing the Investigating officer of this case to arrange for recording the said statement afresh.
(2.) Briefly stated, the facts of the case are as follows : One Mira Roy lodged a complaint with the officer-in-charge of Burdwan Police Station on 18-7-93 alleging inter alia that her daughter Nandini was married to the petitioner Indrajit Mukherjee on 8/05/1988 but as the dowry given by the complainant was not up to the expectation of the family of her son-in-law, her daughter was tortured both mentally and physically be her husband Indrajit Mukherjee and by Nandini's Sister-in-law. It was further alleged that on 18-7-93 the complainant went to 'Nandini's matrimonial home but she did not find her daughter Nandini there and on enquiry she did not get any satisfactory answer about the whereabouts of Nandini. Accordingly the complainant apprehended that her daughter was not alive and her deadbody might have been done away with or her daughter had been shifted to some unknown place with some illegal intention.
(3.) On the basis of the said complaint Burdwan Police Station No. 368/93 dated 18-7-93 under Sections 498A/346 of the Indian Penal Code was registered.;