SAGNIK DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been filed praying for quashing of the proceedings in ACGR Case No. 5731 of 2019, arising out of Survey Park Police Station Case No. 221 of 2019 dtd. 30/11/2019 under Ss. 376/328/323/417 of the Indian Penal Code now pending before the Court of the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas.

(2.) The petitioner's case is that, a written complaint was lodged by one Sukla Das, wife of Dr. S.K. Das, resident of Santoshpur Avenue, Kolkata ' 700075, with the Joint Commissioner of Police, Crime Branch, Kolkata, enclosing the complaint of her daughter Dr. Riyal Das (the alleged victim) alleging the commission of offences punishable under Ss. 323/328/376/417 of the Indian Penal Code. The allegations leveled in the said complaint of Dr. Riyal Das are to the effect that:- The petitioner exploited the victim mentally and physically for over a period of three years by being in a relationship with her, during which period, the petitioner allegedly made false promises of marrying her in the near future, however, the petitioner got married secretly without informing the victim about the same. That even after his marriage, the petitioner continued to be in regular contact with the victim and also continued with the said relationship in a normal manner, during the subsistence of the said relationship, it was alleged that the victim suffered multiple incidents of mental and physical abuse by the petitioner, including an occasion when she almost broke her hand and sustained serious injuries. It was alleged that on 2/11/2019, the petitioner met the victim, and got her intoxicated and thereafter the petitioner went ahead to have physical intercourse with the victim without her consent. It was further alleged that the petitioner also deleted their conversations on Facebook Messenger from the victim's phone. It was alleged that on 26/11/2019, the victim came to learn that the marriage of the petitioner was fixed and was about to undergo a social marriage within the next few days.

(3.) On the basis of the aforesaid allegations, Survey Park Police Station Case No. 221 of 2019 dtd. 30/11/2019 under Ss. 376/328/323/417 of the Indian Penal Code, was registered for investigation against the petitioner herein.