KRISHNA SENGUPTA Vs. MANJULA MUKHERJEE
HIGH COURT OF CALCUTTA
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Nripendra Kumar Bhattacharyya, J. -
(1.)Heard the submission of the learned Advocate for the petitioner Miss Minoti Gomes appearing with the learned Advocate Mr. Sariful Islam Mallick. Considered the materials on record.
(2.)It appears that this revisional application can be disposed of without directing the petitioner to serve copies of this application alongwith notice upon the opposite parties.
(3.)The fact leading to this revisional application is that originaly the elder brother of the wife made an application under Section 200 of the Code of Criminal Procedure alleging that the husband of his sister contracted a second marriage during the subsistence of the marriage of the accused with his sister. Cognizance was taken by the learned Magistrate. Summons were issued against the accused husband but ultimately when it was brought to the notice of the learned Magistrate that a petition of complaint by the elder brother of the wife is not maintainable and competent and such application is competent only by the husband or the wife, the learned Magistrate discharged the accused from the case and also discharged the accused person from his bail bond. It will be apposite to mention that in that proceeding being C.R. Case No. 230 of 1985 which is pending before the learned Judicial Magistrate, 5th Court, Burdwan, the wife deposed as PW 1 and some other witnesses were also examined. After discharge of the accused from that case the wife then made an application under Section 200 of the Code of Criminal Procedure alleging an offence agains ther husband under Section 494 of the Indian Penal Code. In this background Miss Gomes submits that in view of Section 30 of the Code of Criminal Procedure once an accused is acquitted or convicted of an offence on a given fact no further case is envisaged for the same offence on the same given fact and as such the complaint made by the wife in this case on the given fact which was the subject-matter of the earlier complaint at the instance of the elder brother of the wife is not maintainable.
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