SWARUP KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for quashing the chargesheet being No. 90 of 2002 dated 31.05-2002 arising out of Golsi P.S. Case No. 79 of 2002 dated 31.05.2002 under sections 294 & 509 IPC pending before the Court of Id. SDJM, Burdwan.

(2.) The petitioner's case is that on the complaint lodged on 31.05.2002 by the de facto complainant Soma Dutta, who is a student of Class-DC of Khano High School alleging that on 02.04.2002 the present petitioner, who is an Assistant Teacher of the said school, called her in the first floor of the school, and told that he loves her and gave an indecent proposal on alluring to give her text books. On 31.05.2002 at about 11.00 a.m. he further called her to the first floor of the school and forcibly tried to outrage her modesty which she could not disclose earlier out of shame. On the basis of said complaint, Golsi P.S. Case No. 79 of 2002 dated 31.05.2002 under sections 294 & 509 IPC was started against the present petitioner and after completion of investigation chargesheet was submitted against the petitioner on that very date.

(3.) Mrs. Pranati Goswami, Id. counsel for the petitioner, on referring to the copies of FIR, formal FIR, forwarding report, chargesheet and ordersheet of the Id. Court below contended that on the very date of lodging complaint i.e. 31.05.2002 investigation was completed and chargesheet was submitted which is next to impossible and that there being no material of the alleged offence under sections 294 & 509 IPC the proceeding is liable to be quashed. Mr. Kasem All, Id. counsel for the State, on the other hand, on referring to the materials in the CD contended that when there are sufficient materials bearing out a cognizable offence committed by the petitioner and chargesheet has been submitted showing existence of a prima facie case, the question of quashing the criminal proceeding at the instance of one Debajyoti Sanyal who is a stranger having no connection with the case and as such no locus standi to ask for relief, does not arise at all.