Sushanta Dey v. Munia Dey Singh And Another

20.02.2025 Item No. 17 Ct No. 28 SG

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION C.R.R. No. 3879 of 2024 In the matter of: Sushanta Dey.

.....petitioner

1. Opposite party-wife instituted a proceeding under Section 12/23 of Protection of Women from Domestic Violence Act. In the said proceeding she filed affidavit-of-asset. Alleging she had not made full disclosure in the affidavit-of-asset and suppressed a bank account in her name petitioner-husband took out an application for perjury under Section 340 Cr.P.C. The jurisdictional Magistrate and revisional court dismissed the said application. Petitioner has challenged the order.

2. I have perused the order passed by the revisional court. The court correctly recorded the opposite party no.1-wife had stated she inadvertently failed to disclose the said bank account. Unintentional mistake on the part of a litigant would not constitute perjury. I do not find any reason to interfere with the impugned order.

3. Accordingly, application being CRR 3879 of 2024 is dismissed. (Joymalya Bagchi, J.)