Mehera Bibi vs Unknown
2021 Latest Caselaw 3781 Cal

D/L.35                             C.R.R. No.867 of 2012
July 14,

   Bpg.

In Re : An application under Section 482 of the Code of Criminal Procedure, 1973;

In the matter of : Mehera Bibi. ...petitioner.

The present revisional application has been preferred by

the wife against the judgment and order dated 24.12.2010 passed

by the learned ACJM, Diamond Harbour in connection with M-280

of 2009 (TR 41 of 2010).

The grounds which have been assigned by the learned

Magistrate include amongst others that the wife returned back to

her father's house without any justified reason and in order to

squeeze money from her husband, she has filed the application.

The order of the learned Magistrate reflects that the marriage was

admitted, there was tortured inflicted upon the wife and the

husband has remarried. The reason for disbelieving torture being

inflicted upon her was that no document has been shown for any

assault being inflicted upon her by her husband.

The reasons so assigned by the learned Magistrate are

not in consonance with appreciation of evidence under Section 125

of the Code of Criminal Procedure. It is surprising that the learned

Magistrate ignored the Explanation provided under sub-Section 3 of

Section 125 of the Code of Criminal Procedure and did not consider

the grounds so assigned for refusing to go back to her matrimonial

home as the husband has subsequently married again. The order

passed by the learned Magistrate is against the provisions of law

and, as such, interference is called for.

Accordingly, the judgment and order dated 24.12.2010

passed by the learned ACJM, Diamond Harbour is set aside.

Thus, CRR 867 of 2012 is allowed.

Pending applications, if any, are hereby disposed of.

Learned Magistrate is directed to issue notice forthwith

upon the parties and decide afresh after appreciating the evidence,

keeping in background the very object and purpose for which

Section 125 of the Code of Criminal Procedure was incorporated by

the legislature.

The Department is directed to immediately inform the

learned ACJM, Diamond Harbour positively within a period of seven

days from date.

Learned ACJM, Diamond Harbour is directed to take

steps and arrive at fresh findings within a period of ninety days

from the date of communication of this order.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)