LAWS(CAL)-2023-1-55

AINUL HAQUE Vs. STATE OF WEST BENGAL

Decided On January 19, 2023
AINUL HAQUE Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revisional application has been preferred challenging the proceedings arising out of Burdwan Women Police Station Case No. 147 of 2019 dtd. 13/5/2019 as well as the charge-sheet submitted in connection with the said case under Ss. 376/417/323/506/34 of the Indian Penal Code.

(2.) The present petitioners approached this Court pursuant to the charge-sheet being submitted before the jurisdictional court being the learned Chief Judicial Magistrate, Purba Bardhaman. The allegations made in the letter of complaint which has been treated to be the FIR in the instant case is to the effect that the complainant is aged about 40 years. She is a resident of Muchipara, Central Park, Baronilpur, Uttarpara, P.S. Burdwan. She stated, that her husband for the purposes of his job was staying at Jharkhand and taking this opportunity on or about October 2017 one Ainul Haque, petitioner no.1 herein started coming to her home regularly. The said accused represented that he liked and loved her and promised to marry her; with such representation the accused had physical relationship with her and with passage of time both of them developed a relationship. The complainant alleges that the accused on several occasions had physical relationship with her and presently when she asked the petitioner no.1 to marry her, he started abusing and assaulting her and for the last six months snapped all relationship; when the complainant went to his house, his wife along with him assaulted her severely, abused her and threatened her of dire consequences. The complainant prayed for taking necessary action against the accused/petitioner no.1 and his wife/petitioner no.2 herein.

(3.) On such complaint, the aforesaid case being Burdwan Women Police Station Case No. 147 of 2019 dtd. 13/5/2019 was registered for investigation against the petitioner no.1 and the petitioner no.2 herein.