RAJU KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both aforesaid revisional applications have been preferred under sec. 482 of the code of Criminal procedure Criminal procedure with prayer for quashing the respective proceedings and since both the incidents have some common link and between the parties some of whom are common, both the revisional applications are disposed of by this common judgment.

(2.) CRR No. 479 of 2020 has been preferred seeking quashing of the First Information Report (herein after called as FIR) arising out of Nandigram Police Station FIR No. 265/2016 dtd. 19/6/2016, corresponding to G.R. Case No. 983 of 2016 pending before the learned Additional Chief Judicial Magistrate Haldia, Purba Medinipur. Petitioner contended that pursuant to the written complaint dtd. 19/6/2016 lodged by the complainant/opposite party no. 2 aforesaid FIR was registered under Sec. 493/376/417 of the Indian Penal Code (herein after called as IPC) against the present petitioner for investigation. The allegations leveled in the FIR against the present petitioner by the opposite party no. 2 herein interalia in short is that the opposite party no. 2 was introduced and intimated with the petitioner at about 8 years ago. Then both of them fall in love with each other and thereafter the petitioner and opposite party no. 2 started cohabitation due to their love and the assurance of marriage which was given by the petitioner but when the opposite party no. 2 asked the petitioner to marry her, same was initially delayed but ultimately denied by the petitioner. It was further alleged in the said complain that the petitioner is a married and muslim person by religion but suppressing all these facts, the petitioner disclosed his identity falsely to the opposite party no. 2 as a Hindu person by religion and that his name is Raju Adhikary.

(3.) Learned counsel appearing on behalf of the petitioner submits that due to personal grudge the opposite party no. 2 lodged the aforesaid complain against the petitioner. Actually the opposite party no. 2 took some money as loan from the petitioner but same was not repaid by the opposite party no. 2 within the stipulated period and for that reason the petitioner lodged complain to the office of the local panchayat and on the basis of said complain, the Upo- Pradhan of the said gram panchayat issued a letter dtd. 16/6/2016 to the petitioner and opposite party no. 2, directing them to appear on 18/6/2016 along with all documents to resolve the dispute in respect of the said loan and it is repayment.