KHAIRUL AMIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under Sections 482/401 of Cr. P.C. is at the instance of the petitioner Khairul Amir seeking quashing the charge sheet being No. 266 of 2005 dated 31-12-005 under Sections 376/522 of the Indian Penal Code filed before the Court of learned Additional Chief Judicial Magistrate, Kandi , Murshidabad.

(2.) THE petitioner has stated in his application that his elder brother's wife , mother of ten children lodged the complaint falsely and motivatedly only to harass him. A series of civil and criminal litigation are going on between the complainant's husband /brother of the petitioner and the petitioner herein. Kandi P.S. Case No. 178 of 2005 dated 8-9-2005 under Sections 376/511 has been initiated out of enmity wherein the charge sheet has been filed.

(3.) MISS . Rituparna De, learned counsel appearing for the opposite party/State has contended that on the basis of an FIR the case was registered against the petitioner and it was investigated into. On completion of the investigation charge sheet under Sections 376/511 has been submitted. During investigation statement of the victim has been recorded. Doctors are witnesses in the charge sheet. The petitioner may pray for discharge before the learned Court below. This revisional application may be dismissed.