SK NIAMAT ALI Vs. STATE

JUDGEMENT

(1.) By the instant revisional application under section 401, read with section 482 of the Code of Criminal Procedure, 1973, the petitioner-accused has prayed the Court for quashing the relevant proceedings, being Sessions Tria1 Case No. XVIII (4) of 1991 arising out of Jagatballavpur P.S. Case No. 4 of 1990 dated 28.1.90 and the order dated 24.7.91 passed by the Assistant Sessions Judge, First Court, Howrah therein framing charges against him (petitioner-accused) under section 363/366, Indian Penal Code, on the grounds set forth therein.

(2.) The relevant case was registered by the police upon receipt of a purported written complaint from the informant Jamunabala Samanta on 28.1.90 on the allegation that her minor daughter Jayanti Samanta has been kidnapped by the petitioner-accused from her lawful guardianship and had married her. The police upon investigation submitted charge sheet in the matter and the case had eventually been committed to the Court of Sessions. The learned Assistant Sessions Judge upon hearing both sides and upon consideration of the case diary felt that there is prima facie material against the accused-petitioner for offence punishable under sections 363/ 366, I.P.C. and had accordingly framed charge against him thereunder by his impugned order dated 24.7.91.

(3.) Being aggrieved by the relevant proceedings and the order so passed by the learned Assistant Sessions Judge, the petitioner-accused has moved this Court in Revision.