PRASANTA DHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been directed for quashing the impugned FIR being Kalighat Police Station Case No.94 of 2020 and the on going proceeding registered as CGR Case No.2304 of 2020 initiated on the basis of the FIR, lodged by opposite party no.2 /defacto complainant Rajiv Sarkar.

(2.) The defacto complainant moved an application under Sec. 156(3) of the Code of Criminal Procedure, 1973 before the learned Chief Judicial Magistrate at Alipore being No.53 of 2020 and upon considering the said application, learned Magistrate was pleased to direct the Officer-in-Charge of the Kalighat Police Station to start investigation treating the petition of complaint as FIR.

(3.) Pursuant to the said direction, the aforesaid Kalighat Police Station Case No.94 of 2020 corresponding to CGR Case No.2304 of 2020 was initiated. The present petitioner is acquainted with the accused no.1 Sikha Biswas during her college life and initial service life and after passing out from the college, she started residing as a tenant under the landlordship of the petitioner. The accused no.1 as a Bengalee lady used to address the petitioner as her Dada (elder brother) and petitioner never claimed nor represented himself to be a full blooded brother or kin and kith of the accused nos.1 and 2.