Form No. J (1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present:The Hon'ble Justice Ashim Kumar Roy C.R.R. No. 3586 of 2007 Sri Arup Banerjee versus Smt. Anindita Banerjee For Petitioner : Mr.Invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, the petitioner has sought for quashing of the complaint Case No. C/480 of 2007 under Sections 193/196/197/198/120B of the Indian Penal Code now pending before the Learned Judicial Magistrate, 3rd Court, Sealdah as well as the order of issuance of summons.The allegations made in the impugned complaint are as follows;The said application being filed before the Learned Additional Chief Judicial Magistrate, Sealdah, the Misc.Case No. 120 of 2003 was registered and subsequently the case was transferred to the Court of the Learned Judicial Magistrate, 3rd Court, Sealdah for disposal.(b) The complainant in his aforesaid application categorically stated that the accused no. 1 was working in a software company at Bangalore and subsequently she came to know that he took an employment at M/s. IBM at Salt Lake.(c) In connection with the aforesaid maintenance proceeding the accused no. 1 was examined in Court on November 16, 2005 and November 18, 2005 and while disposing on oath in Court he stated that he is an employee of the accused no. 2 knowing fully well that his statement is false.(d) The accused no. 1 entered into a criminal conspiracy with the accused no. 2 for their wrongful gain.While the accused no. 1 stated in his deposition on oath that the accused no. 2 is his employer, the accused no. 2 stated in his deposition on oath that the accused no. 1 is his employee working at his office since July, 2005 which is absolutely false.(e) One Mr. Debasish Chakraborty, Manager of IBM India Ltd. deposed in the aforesaid case as P.W. 4 and in his deposition he stated that the accused no. 1 was the employee of his company since April 4, 2005 and submitted an authenticated document in respect of his employment and his salary, which were duly marked as exhibits.(f) Both the accused nos. 1 and 2 entered into a criminal conspiracy in between themselves and made false statement on oath before the Learned Judicial Magistrate, 3rd Court, Sealdah while deposing in connection with Misc.(g) The accused persons fabricated and manufactured false evidence in the aforesaid maintenance proceedings and thereby both of them committed offence punishable under Section 120B/192/193 of the Indian Penal Code.The complainant/opposite party in her initial deposition also alleged that the accused no. 1 while deposing in connection with the aforesaid maintenance proceeding as O.P.W. 1 on September 7, 2005 and September 15, 2005 falsely stated on oath, at that point of time he was working at Simmex Infotech under the accused no. 2 Mriganka Khan, similarly the accused no. 2, Mriganka Khan in his deposition in court falsely stated on oath that the accused no. 1 used to work in his concern and was getting a salary of Rs. 9,200/- per month.Accordingly, Mr. Mukherjee prays that the impugned order of issuance of summons be set aside and the impugned complaint be quashed.On the other hand, the learned advocate appearing on behalf of the complainant/opposite party except submitting that there was no illegality or impropriety in the impugned proceedings has not been able to make any submissions to meet or repudiate the submissions made by Mr. Mukherjee.Considered the rival submissions of the parties.

Sections cited: Section 120B in The Indian Penal Code, Section 193 in The Indian Penal Code