LAWS(CAL)-2023-9-2

ABHIJIT DAS Vs. STATE OF WEST BENGAL

Decided On September 04, 2023
Abhijit Das Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of proceedings in Bishnupur Police Station Case No. 43 of 2013 dtd. 3/2/2013 under Ss. 376/323/313/120B/506 of the Indian Penal Code, 1860, pending before the Court of the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas and the Charge Sheet No. 98 dtd. 11/2/2018 under Ss. 417/376/323/506 of the Indian Penal Code.

(2.) The petitioner's case is that the petitioner has also been a candidate of a certain political party consecutively in the 2009 and 2014 Lok Sabha elections from Diamond Harbour constituency.

(3.) The petitioner states that he has been arrayed as an accused person in Bishnupur Police Station Case No. 43 of 2013 being set in motion by one Lipika Mondal, being the de facto complainant, the opposite party no. 2 herein, thereby alleging inter alia, that petitioner has been in relationship with her since July 2012 with the commitment of effecting marriage with her. It is further alleged that due to such relationship, the opposite party no. 2 conceived but she was forced to abort and also alleged that on assurance of marriage by the petitioner with the opposite party no. 2, the petitioner took her to Court but instead of effecting marriage with him, the petitioner had caused registration of marriage of the opposite party no. 2 again with her erstwhile husband with whom she had been married since 2003 and subsequently divorced in 2008 and from such wedlock, she also has a child.