SANTOSH PODDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of Bhaktinagar P.S. Case No. 1518 of 2021 dtd. 28/11/2021 under Ss. 48A/506 of the Indian Penal Code pending before the Court of the learned Additional Chief Judicial Magistrate, Siliguri.

(2.) The petitioner's case in short is that the opposite party no. 2 had filed a written complaint with Tala Police Station being Tala Police Station Case No.71 dtd. 24/4/2021 under Ss. 498A/323/324/506/509/34 of the Indian Penal Code. It is the case of the opposite party no.2 that she was married to the petitioner no.2, thirteen years back and was being harassed and threatened for last eight years. Subsequently on 28/11/2021, the opposite party no.2 filed another case against the petitioner being Bhaktinagar Police Station Case No.1519 of 2021 under Ss. 498A/506 of the Indian Penal Code on the ground that the accused are threatening to kidnap the children.

(3.) Mr. Sudipto Majumder, learned counsel for the petitioner has submitted that continuance of Bhaktinagar Police Station case on the same facts and circumstances will compel the petitioners to face trial at two different places which is an abuse of the process of the court and law and as such continuation of this proceeding is against the interest of justice.