AMIT BHAGAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application for quashing of proceedings in A.C.G.R Case no. 3525 of 2019 arising out of Garfa Police Station Case no. 316 of 2019 dated July 30, 2019 under Sec. 376/328 of the Indian Penal Code, presently pending before the learned additional Chief Judicial Magistrate, at Alipore, South 24 Parganas, is moved by the petitioner in presence of the opposite parties and State. The Petitioner's case is that the Opposite Party no. 2 (Complainant) has lodged a case being Garfa Police Station case no. 316 of 2019 dated July 30, 2019 under Sec. 376/328 of the Indian Penal Code (hereinafter referred to as the "said case") against the petitioner.

(2.) It is alleged that the petitioner met opposite party no. 2 on a social networking site and thereafter they went for a movie. On 22/7/2019 the petitioner allegedly took the opposite party no. 2 to his flat and drugged her drink and thereafter physically abused her. When the opposite party no. 2 regained consciousness the petitioner dropped her to her office and then her home. After a lot of deliberations the opposite party no. 2 lodged the complaint, albeit after a considerable delay of 8 days. Charge sheet in the said case being Garfa Police Station charge sheet no. 280 of 2019 dtd. 30/9/2019 under Ss. 376/328 of the Indian Penal Code has been submitted.

(3.) It is the defence of the petitioner /accused that the entire case has been concocted by the opposite party no. 2 to frame the petitioner. That from a bare perusal of the said charge sheet it is evident that the opposite party no. 2 has failed to adduce any cogent evidence against the petitioner to substantiate her case.