LAWS(CAL)-2023-6-122

SANTANU BHATTACHARYA Vs. STATE OF WEST BENGAL

Decided On June 06, 2023
Santanu Bhattacharya Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceeding in G.R Case No.3520 of 2017 arising out of Bongaon Police Station Case No.986/17 dtd. 11/10/2017 under Ss. 493/376/323/506/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Bongaon.

(2.) The petitioner's case is that the opposite party no.2, Rinki Mitra lodged a complaint under Sec. 156(3) of the Code of Criminal Procedure before the Learned Additional Chief Judicial Magistrate, Bongaon and as per order the said complaint was treated as First Information Report and accordingly, Bongaon Police Station Case No.986/17 dtd. 11/10/2017 under Ss. 493/376/323/506/34 of the Indian Penal Code has been started against the petitioner. It has been alleged in the said written complaint that the complainant is a divorcee and ten months ago she developed a relationship with the petitioner Santanu Bhattacharya and he promised to marry her and on that pretext they met each other intimately and during their relationship they had sexual intercourse on several occasions and they also started residing in a rented house. But subsequently he denied to marry her and thus cheated her. On 27/6/2017 one dramatic (?) marriage was solemnized with the help of a local club and thereafter he started to torture her and also assaulted her and her child.

(3.) After completion of investigation, the investigating officer submitted charge sheet on 19/11/2017 before the learned Additional Chief Judicial Magistrate, Bongaon under Ss. 493/376/323/506/34 of the Indian Penal Code against the petitioner and one Sona Bhattacharjee.