PRAJJAL KUMAR BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this revisional application the petitioners have sought to quash the proceedings in connection with case No. AC-14 of 2018 under Section 12/23 of the Protection of Women from Domestic Violence Act, 2005 (in short D.V. Act, 2005) now pending before the Court of learned Judicial Magistrate, 4th Court, Alipore, South 24- Parganas by assailing the order dated 18.11.2019 passed by learned Additional District and Sessions Judge, 2nd Fast Track Court, Alipore, South 24-Parganas in Criminal Appeal No. 10 of 2019 affirming the order dated 10.12.2018 of the learned Judicial Magistrate, 4th Court, Alipore on an application filed under Section 25 of the Protection of Women from Domestic Violence Act, 2005.

(2.) The petitioner no. 1 is a retired Central Government employee. The petitioner no. 2 is housewife of the petitioner no. 1. Previous to the retirement of the petitioner no. 1, they used to reside at Lucknow in their own home and occasionally visit their son at Kolkata, but they reside permanently at Lucknow. The opposite party no. 2 is the daughter-in-law of the petitioners.

(3.) After receiving notice, the petitioners appeared before the learned Magistrate and filed an application under Section 25 of the D.V. Act, 2005, praying for deletion of their names on the grounds assigned in the said application mainly under Sections 2(a), 2(f), 2(g), 2(q), 2(s), 3, 13(1), 27 and 28 of the Act on contention that there is no specific allegations of domestic violence against the present petitioners and that mere mentioning of relevant Sections of the D.V. Act and languages of those sections are not sufficient. Particulars of offences committed by each accused persons and role played by each of them in committing the offence need to be stated as the allegations against them but the allegations made in the complaint are completely vague and unspecific.