SRI SAMIR MANDAL, S/O GANGA SAGAR MANDAL, PERMANENT RESIDENT OF SUBHASPALLY, POST OFFICE AND POLICE STATION: SILIGURI, DISTRICT: DARJEELING, PIN Vs. THE STATE OF MEGHALAYA

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (herein referred to 'Cr.P.C.'), the petitioner seeks quashing of proceeding being Laban Police Station Case No. 124 (11) of 2016 I.P.C.

(2.) The facts as culled out from the petition are that Mr. Sujit Malakar (complainant) gave a complaint dated 4th Nov., 2016 to the Officer-in-Charge Laban Police Station Shillong alleging that he is legally married to Mrs. Pinky Malakar and his wife is six months pregnant. But to his utter shock and surprise his wife was in a state of shyness and stayed aloof from the family for some time. After persuasion his wife disclosed the reason for her aloofness and informed that she has been raped (sexually assault) forcefully by one Samir Mandal (petitioner herein) who is a married man and ex-colleague and presently working in HDFC Bank, Bara Bazar Branch, Shillong in the month of May, 2016 and the child in her womb belongs to him. She did not disclose about the incident earlier due to fear of society as the same would bring both of their families to disrepute. Besides, she was also threatened with dire consequences by said Samir Mandal and depression built on her not to disclose to anybody. The said complaint was registered as G.D. Entry No. 9 dated 4th Nov., 2016 and on the basis of the said complaint FIR No. No. 124 (11) of 2016 under Sec. 497 I.P.C. was registered on 5th Nov., 2016 at Laban Police Station.

(3.) The petitioner alleged that the police commenced the investigation without any order of the Chief Judicial Magistrate. The petitioner moved an application under Sec. 436 Crimial P.C. but the same was not granted. The investigating officer served notice under Sec. 41(A) Crimial P.C. and the petitioner appeared before the investigating officer.