SHYAMAL MIDDYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 482 of the Criminal Procedure Code quashing of a criminal proceeding of GR No. 599 of 2013 arising out of Das Pur Police Station case No. 204 of 2013 dtd. 1/9/2013 u/s 147,149,326,307,354,506 of IPC and subsequently C.S. filed being No. 251 of 2018 dtd. 12/7/2018 now pending before the Additional District and Sessions Judge, Ghatal, Paschim Medinipur.

(2.) The brief fact of the case is that husband of private OP No. 2 was the private tutor at the house of one Ajit Bera. One day, at the evening, husband of OP- 2 without the will of the wife of Ajit Bera namely Krishna bera embraced her with an intent to commit rape. The lady raise hue and cry, villagers appeared at spot and the husband OP No. 2 was beaten by the mob. Police with OP No.- 2 rescued him from the P.O. and he was admitted to hospital. On the basis of the complaint of Krishna Bera, Daspur Police Station case No. 192 of 2013 dtd. 18/8/2013 u/s 354A(1)(ii)(v) of IPC was initiated.

(3.) After some days the OP No. 2 lodged this criminal proceeding against the petitioner by virtue of an application u/s-156(3) Cr.P.C. before the ACJM, Ghatal. Magistrate allowed the prayer and directed police to investigate.