MEERA BAIRAGY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 482 CR.P.C has been filed assailing the order dated 13/03/2009 passed by the learned Additional Chief Magistrate, Bishnupur, District Bankura in MP case no 13 of 2009 where by the application under Sec. 156 (3) CR.P.C has been rejected.

(2.) The necessary facts for disposal of present case in short are as follows: Petitioner prefer an application 156(3) of CR.P.C before the Learned Additional Chief Judicial Magistrate Bishnupur District Bankura, after being refused by the local police to lodge complain against the respondent no. 2 on 6th March, 2009. Learned Additional Chief Judicial Magistrate instead of referring the application under Sec. 156 (3) CR.P.C called for a report from the Officer-incharge Indus Police Station. Police submitted a report and Learned Magistrate, considering the contents of police report, declined to refer the petitioner under Sec. 156 (3) of Cr.P.C,

(3.) It is further alleged by the petitioner that on 16th Falgun, 1415 BC of the family members of the petitioner went to local mela in the evening. Availing the member respondent no. 2 entered in to her house and raped her and tried to flee away from the spot but the husband of the petitioner and local villagers chased him and ultimately apprehended him any confessed his guilt in presence of the petitioner husband and neighbours.