ARPITA SARKAR Vs. RAHUL CHAKRABORTY

JUDGEMENT

(1.) The petitioner has filed the instant revision under Sec. 482 of the Code of Criminal Procedure praying for quashing of the proceeding in connection with AC 601 of 2017 under Ss. 384/406/420/506/120B of the Indian Penal Code presently pending before the learned Judicial Magistrate, 2nd Court at Alipore.

(2.) Before describing the issue involved in the instant revision this Court finds it necessary to state the following facts:-

(3.) Sometimes in the year 2008 the opposite party came in touch with the petitioner through a social network site. They were in contact in virtual mode for about one year. For the first time the petitioner and the opposite party met during Durgapuja at Kolkata when the petitioner proposed the opposite party about his interest in her. During 2011 the opposite party who was working in a renowned company in Bangalore got an opportunity to visit Budapest for his official work. When the petitioner came to know about the said job opportunity she expressed her desire to buy a flat and asked the opposite party to invest money. The opposite party transferred a sum of Rs.8.8 lakhs through online bank transfer in the bank account of the petitioner maintained with State Bank of India, Sealdah Branch. On 20/12/2014, the opposite party returned Kolkata after completing his official assignment. Sometimes in January, 2015 the opposite party came to learn that the petitioner had already married to one Dr. Subhadip Sarkar. On 4/3/2017 the opposite party filed a complaint before the learned ACJM being case No.AC 601 of 2017 alleging commission of offence punishable under Ss. 384/406/420/506/120B of the IPC against the petitioner herein and her husband Dr. Subhadip Sarkar. The learned ACJM took cognizance of offence and transferred the case to the 2nd Court of the learned Judicial Magistrate at Alipore.