DILIP KUMAR MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an application under section 401 read with section 482 Cr.PC filed by the petitioner praying for quashing the proceeding being G. R. Case No.366 of 2003 (arising out of Contai P.S. Case No. 120 of 2003 dated 26.09.2003) as also the chargesheet filed on 16.10.2003 pending in the Court of ld. Sub-Divisional Judicial Magistrate, Contai.

(2.) The circumstances leading to the above application are that Smt. Nandita Manna lodged a complaint inter alia stating that she had a love affair with the present petitioner for about a year prior to her marriage with him by registration on 23.11.97 followed by marriage according to Hindu rites and customs, and in that wedlock a son was born. During her stay in her in-laws' house the petitioner demanded her to bring Rs. 1,00,000/- from her father, and as she did not agree with the said demand, she was subjected to ill-treatment and torture, both physically and mentally by him. The petitioner also did not arrange for proper medical treatment of her son. On account of the said continuous torture, she suffered from mental disease. The petitioner instead of making arrangement for her medical treatment left her in her father's house. After her proper medical treatment arranged by her father when she returned to the house of the petitioner, the latter further subjected her to ill-treatment and torture due to her refusal to bring Rs.1,00,000/- from her father. He developed an illicit relation with the maid-servant, and on being protested by her he used to torture upon her. On threatening that he would kill her and her son, he obtained her signatures on blank papers and also a suicidal note from her. She was ultimately driven out from her house, for which she was compelled to take shelter in her father's house. On the basis of the said FIR, Contai P.S. Case No. 120 of 2003 dated 26.09.2003 under section 498A/323/384 IPC was started against the present petitioner, and after completion of investigation the police submitted chargesheet against him under the aforesaid provisions.

(3.) Being aggrieved by filing of the said chargesheet, the petitioner has come up before this Court for quashing the proceeding.