RAJLAKSHMI CHAUDHURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure filed by the petitioner challenging legality, validity and propriety of the order dated 12th November, 2020 passed by the learned Chief Judicial Magistrate, Alipore, South 24 Pgs in serial No.119 of 2020, thereby rejecting the petition filed by the petitioner under Section 156(3) of the Code of Criminal Procedure (hereafter described as the Code).

(2.) The facts involved in the instant revision are as follows:-

(3.) The petitioner was a member of the State Committee of the Bharatiya Janata Party, in the State of West Bengal. As a person involved in active politics she has acquaintance with the leaders of state and national level. On the allegation of rape, he filed a written complaint before the officer-in-charge, Behala (Women) Police Station against one Amalendu Chattapadhyay. The said complaint was registered as Case No.1 of 2018 dated 31st August, 2018 under Sections 417/376/406 of the Indian Penal Code. The investigation of the said case resulted in filing of charge-sheet against the above named Amalendu Chattapadhyay. It is alleged by the petitioner that since the filing of the charge-sheet, she was pressurized by the opposite party Nos.2, 3 and 4, namely, Pradeep Joshi, Jishnu Basu, Kailash Vijayvargiya national level leaders of the said party to withdraw the case against Amalendu Chattapadhyay. On the pretext of having a discussion over the said matter, the above named opposite parties asked the petitioner to come to the residential apartment of opposite party No.4. It is submitted by the petitioner that she tried to inform the matter to the officer-in-charge of Behala Women Police Station but the police suggested her to meet them in response to such call. The petitioner went to the residential apartment of the opposite party No.4 on 29th November, 2018 at about 5 p.m. The opposite party Nos. 1 and 2 were present in the said apartment from before. It is alleged by the petitioner that the opposite parties committed rape upon the petitioner against her will one by one. Thus, the petitioner became the victim of livido of leaders of the said political party occupying position of national level. After the incident she was threatened with dire consequences. Not only this, she was threatened by the opposite parties that in the event she takes any legal step alleging such act against the opposite parties, her son would also be killed. Subsequently also the petitioner was subjected to physical assault and mental torture and she lodged complaint against the opposite parties before the police, vide, Sarsuna P.S Case No.131 dated 20th December, 2019 under Sections 341/506(2)/34 of the Indian Penal Code and Bolepore P.S Case No.18/2020 under Sections 341/323/325/506/34 of the Indian Penal Code. Over the incident dated 29th November, 2018 she tried to make complaint with the local police station, but police refused to accept such complaint from the petitioner. She also informed the matter to the higher authorities of the police but they also failed to take any action against the opposite parties by registering an FIR. Finally on 12th November, 2020 she filed an application under Section 156(3) of the Code of Criminal Procedure before the learned Chief Judicial Magistrate, Alipore praying for sending the same to the officer-in-charge of Bhawanipore Police Station for treating the same as an FIR.