SAKTIPADA PAHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure, filed by the petitioner Saktipada Pahari, seeking to quash the proceeding before the Ld. Sub-Divisional Judicial Magistrate, Contai, as well as First Information Report of Contai Police Station Case No. 98/99 dated 10.6.99 under section 376 of the Indian Penal Code (being G.R. Case No. 413 of 1999). The facts leading to the present revisional application may be summarized as follows :

(2.) The aforesaid application under section 156(3) being forwarded to the Police, Police took cognizance and started Contai P.S. Case No. 98/99 dated 10.6.97 under section 376 of the Indian Penal Code.

(3.) It was contended by the petitioner that he has been falsely implicated in this case out of enmity regarding the land with his next door neighbour, the defacto complainant of this case. It was also contended on behalf of the petitioner that some time back, the defacto complainant made also similar attempt to involve the present petitioner in a case under section 376 of I.P.C. alleging commission of rape on his minor daughter, Kabita and over this issue there has been a village salish and in the salish, after taking statements of the concerned persons the persons present in the salish came to the opinion that there has been no proof of rape and as such the present petitioner was set free by them.