SAMIR MANDAL Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. D.Chakraborty, learned counsel on behalf of the petitioner as well as Mr. K. Khan, learned Addl. Sr. GA, on behalf of the respondent No. 1 and Mr. N.Mozika, learned counsel on behalf of the respondent No. 2.

(2.) The petitioner's case in a nutshell is that:

(3.) Mr. D.Chakraborty, learned counsel for the petitioner submits that the complainant who filed the FIR is now dead, and the FIR is totally false and was filed out of jealousy as both the petitioner and alleged victim are working in the same office. He also submits that the complainant is always suspicious about the integrity of his wife (alleged victim) and ultimately filed an FIR with the Laban Police Station which was registered as Laban Police Station case No. 124 (11) 2016 under Section 497 IPC. Learned counsel also referred to Section 198 of the CrPC as well as Chapter 20 and submits that no Court shall take cognizance of an offence punishable under Chapter 20 of the IPC except upon a complaint made by some person aggrieved by the offence. In support of his submission, learned counsel also placed a judgment passed by the High Court of Bombay in Shri Maroti s/o Kashinath Kaharade vrs The State of Maharashtra and Anr.; Criminal Revision Application No. 192 of 1993 and he prayed that the entire investigation may be quashed.