GOBINDA BAIDYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioner, who has been arraigned in a case instituted on a complaint relating to offence punishable under Section 406/34 of the Indian Penal Code, now pending before the Learned Judicial Magistrate, 2nd Court, Krishnanagar, Nadia, has moved this Court for quashing of the said complaint on the ground over the self-same allegations, a First Information Report (FIR) was registered long before and the same is still under investigation.

(2.) In this connection, the Learned Counsel of the petitioner first drew my attention to the Annexure P-1 to this criminal revisional application, a FIR relating to the offences punishable under Sections 498A/323/307/34 of the Indian Penal Code which was lodged by the opposite party no. 2 herein against the petitioner and others, and then he drew my attention to the impugned complaint relating to the offence punishable under Section 406 of the Indian Penal Code now pending before the Learned Chief Judicial Magistrate, Nadia at Krishnanagar. It is submitted by the Learned Counsel of the petitioner that both the cases were arising out of the self-same incident and the nature of allegations were also identical and therefore the impugned proceeding is completely an abuse of process of Court. He further submitted that the second complaint is suffering from suppression of material facts.

(3.) I have given my anxious and thoughtful consideration to the submissions made on behalf of the petitioner and carefully perused the materials on record. Having gone through the first complaint, I find there is no iota of allegation as regards to the offence of criminal breach of trust in respect of stridhan articles and no case relating to an offence punishable under Section 406 of the Indian Penal Code has been started. However, in the second complaint there is categorical allegations that after she was driven out from her matrimonial home, all her stridhan articles, namely, gold ornaments and other articles which she got as gift from her parents at the time of her marriage, her stridhan, which she entrusted to the accused persons, were not returned to her by the accused persons, in spite of repeated demands.