TASAUL SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner, being the accused, has preferred this Criminal Revisional application under Sec. 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C. ') corresponding to Sec. 528 of BNSS, 2023, seeking quashing of the proceeding being Sessions Case No. 49 of 2021, Sessions Trial No. 02(05) of 2023 arising out of Birbhum Cyber Crime Police Station Case No. 03 of 2021 dated January 05, 2021 under Ss. 376/417 of the Indian Penal Code, 1860 and Sec. 66 of the Information Technology Act, 2000, corresponding to G. R. Case No. 21 of 2021 and order dated May 16, 2023 passed by the learned Additional Sessions Judge, 4th Court at Suri, framing charge against the petitioner under Ss. 376/417 of the IPC and Sec. 66A(a), (b) and Sec. 66E of the IT Act pending before the Court of the Learned Additional Sessions Judge, 4th Court at Suri, Birbhum.

(2.) The brief facts of the case of the petitioner are that in the year 2014, when the petitioner was studying at XXX University as an M.Sc. student, he came across the opposite party no. 2, whom he met on Facebook. The petitioner and the opposite party no. 2 became acquainted with each other through Facebook and, thereafter, began communicating regularly on the said platform. Over time, their acquaintance developed into a close relationship, culminating in a romantic association between them. They started meeting frequently at various public places, including malls, restaurants, etc. They even went on short trips together to places such as Digha and Bakhkali, during which they took photographs together, intended to be preserved as personal memories. It is stated that the said relationship was accepted by the families of both parties.

(3.) In the year 2020, owing to the outbreak of the COVID-19 pandemic and the consequent lockdown imposed throughout the State, both the petitioner and the opposite party no. 2 returned to their respective homes. All of a sudden, the opposite party no. 2 abruptly severed all ties with the petitioner, which caused him considerable anxiety and concern regarding her unexplained disappearance.