ACHINTYA KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the present application, the petitioner sought for quashing of the proceeding being G.R. Case No. 8170 of 2014 arising out of Jagacha Police Station Case No. 448 of 2014 dtd. 23/10/2014 under Ss. 342/323/506 of Indian Penal Code and Sec. 23 of Juvenile Justice Care and Protection Act pending in the Court of the Learned Chief Judicial Magistrate, Howrah.

(2.) The factual matrix of the instant case is that the petitioner is the father of the adopted male child and one female child. Both were looking after by the petitioner. Suddenly on 23/10/2014, one Chandana Pal and others, the co-villagers of the petitioner lodged a complaint to the effect that the petitioner is the resident of the same locality. His son was committed suicide at his residence few days ago after that the petitioner brought one male child and one female child at his residence. After few days, he started torture physically and mentally upon both the children aged about 12 years and 8 years. On the basis of said written complaint, a Jagacha Police Station Case No. 448 of 2014 dtd. 23/10/2014 under Ss. 342/323/506 of Indian Penal Code and Sec. 23 of Juvenile Justice Care and Protection Act is registered and started against the petitioner herein though the contention of the petitioner is that he is innocent and no such incident never or ever occurred. The allegations, levelled against the present petitioner, are out and out false and fabricated one. In spite of said facts, a charge sheet has been submitted against the present petitioner under Ss. 342/323/506 of Indian Penal Code and Sec. 23 of Juvenile Justice Care and Protection Act. Hence, the present application has come up before this Court for disposal.

(3.) Nobody appears on behalf of the petitioner on several occasions in spite of giving opportunity to him. SUBMISSION ON BEHALF OF THE STATE: