Mr. Ranjit Kumar Bag, J. - (1.) The petitioners have preferred this revision praying for quashing of the proceeding of Complaint Case No.59 of 2015 pending before the court of learned Additional Chief Judicial Magistrate, Bolpur, Birbhum.
(2.) The opposite party filed a petition of complaint against the petitioners and one Tapas Kumar Chowdhury before the court of learned Additional Chief Judicial Magistrate, Bolpur, Birbhum praying for issuance of process against all of them for the offence punishable under Section 497/109 of the Indian Penal Code. The learned Magistrate took cognizance, examined the opposite party and another witness under Section 200 of the Code of Criminal Procedure and issued process against the present petitioners for the offence punishable under Section 497/109 of the Indian Penal Code and against Tapas Kumar Chowdhury for the offence punishable under Section 497 of the Indian Penal Code. The petitioners appeared before the trial court and were released on bail. Accordingly, the petitioners are facing trial for the offence punishable under Section 497/109 of the Indian Penal Code before the court of learned Magistrate.
(3.) By referring to the averments made in the petition of complaint, Mr. Kunal Ganguly, learned counsel appearing on behalf of the petitioner submits that the petitioner no.1 happens to be the father of the principal accused Tapas Kumar Chowdhury and the petitioner no.2 happens to be the mother of the principal accused Tapas Kumar Chowdhury and petitioner no.3 happens to be the sister of the principal accused Tapas Kumar Chowdhury. Learned counsel further submits that the opposite party has made vague allegation of giving indulgence and assistence to the principal accused by the petitioners in committing the offence of adultery. According to the learned counsel for the petitioners, no offence is made out against the petitioners and as such the criminal proceeding is liable to be quashed against the present petitioners.;