LAWS(CAL)-2023-8-74

SUKUMAR MONDAL Vs. STATE OF WEST BENGAL

Decided On August 24, 2023
SUKUMAR MONDAL Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 20/11/2019 passed by the Learned Additional Chief Judicial Magistrate, Chanchal, Malda, rejecting the prayer of the petitioner under Sec. 167(5) or the Code of Criminal Procedure and as also quashing of the proceeding being G.R. Case No. 2082 of 2014 arising out of Ratua Police Station Case No. 691 of 2014 dtd. 31/12/2014 under Ss. 363/366A/365 of the Indian Penal Code, pending before the Court of Learned Additional Chief Judicial Magistrate, Malda.

(2.) The petitioner's case is that on 31/12/2014, one Bharat Mondal, son of Dhiren Mondal, residing at Village - Piyari Sarkartola, Police Station 'Ratua, District' Malda, lodged one written complaint before the Officer-in-Charge, Ratua Police Station to the effect that on 30/12/2014 at about 8.00 A.M., his minor sister namely Kunti Mondal went for private tuition and on the way the accused person namely Sukumar Mondal restrained and kidnapped her.

(3.) On the basis of the said complaint the present case being Ratua Police Station Case No. 691/2014 dtd. 31/12/2014 under Ss. 363/366A/365 of the Indian Penal Code was started against the petitioner.