Md. Mumtaz Khan, J. - (1.) The instant revision has been preferred by the petitioner/defacto complainant assailing the order dated February 17, 2016 passed by the learned Judicial Magistrate, Katwa of Burdwan in GR Case 685/12 arising out of Katwa Police Case No.351/12 dated November 3, 2012 under Section 498A/406 of the Indian Penal Code whereby the prayer of the petitioner for her re-examination on recall was rejected.
(2.) The facts leading to the instant revision is that on the basis of complaint lodged by this petitioner against her husband and in-laws at the Katwa PS, a criminal case being Katwa PS case No.351/12 dated November 3, 2012 under Sections 498A/406/307 IPC and Section 3 /4 of the Dowry Prohibition Act was started against her husband and inlaws namely Opposite Parties No.2 to 4 which after completion of investigation ended in a charge sheet. Thereafter, after framing of charge trial commence against Opposite Parties No.2 to 4. In course of trial petitioner was examined as PW-1 and she was cross-examined by the defence in full and she was discharged on December 2, 2015. Thereafter, on February 8, 2016 this petitioner filed an application for her reexamination on recall but the same was dismissed by the learned Magistrate by the impugned order on the ground that she intends to introduce new facts.
(3.) Being aggrieved by and dissatisfied with same petitioner has preferred the instant revision assailing the impugned order on the ground that learned court below failed to consider the provisions of section 138 of Indian Evidence Act in its right perspective.;