SRI BISWAJYOTI CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision is against an order dtd. 1/5/2020 passed by the Learned Chief Judicial Magistrate, Tamluk, Purba Midnapore, in G.R. Case No. 3434/2015 arising out of Haldia (Women), Police Station Case No. 13/2015, where in the court has taken cognizance on submission of charge sheet for offence punishable u/s 376 (2)(f)/417/506/166/120B of the Indian Penal Code against the petitioner accused.

(2.) The petitioners case is that he is a member of the West Bengal Judicial Service and at the time of the alleged incident he was posted at Haldia, as Additional Chief Judicial Magistrate. It is his case that he was a victim of conspiracy where the opposite party no. 2 /Complainant filed this case against him in which charge sheet has been submitted and cognizance has been taken erroneously.

(3.) The opposite party no. 2/Complainant filed the written complaint stating therein that in the year 2014 she had lodged a complaint against her husband Palash Roy, Under Sec. 498A of the Indian Penal Code and subsequently filed a divorce suit against her husband. During the pendency of the cases she came in contact with the Petitioner who took her Mobile number and used to talk to her. The petitioner told her that he had separated from his wife and he will marry her and also keep her with him with her son. He further told her to wait till her divorce and assured her that he will take the responsibility of her and her son. The petitioner kept the complainant and her son in a rented house at Tamluk and got her son admitted in Tamralipta Public School and paid the expenses. The petitioner had physical relation with the complainant several times and also sent money in the account of the complainant for regular expense. The petitioner also took her to his residence at Kolkata. When the Complainants divorce was finalised, the petitioner started to avoid her and told her not keep any connection with him and used filthy language and threatened to kill her and her son.