MD. NOOR ALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Ss. 401 and 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") filed by the petitioner, Md. Noor Alam, seeking quashing of Rajabagan Police Station Case No. 106 of 2022 dtd. 16/6/2022 (ACGR Case No. 2572 of 2022) under Ss. 417 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and charge-sheet No. 105 dtd. 18/7/2022, presently pending before the Court of the Learned District and Sessions Judge, South 24-Parganas at Alipore.

(2.) The case was initiated on the basis of a written complaint lodged by the de facto complainant/victim on 16/6/2022 with the Officer-in- Charge of Rajabagan Police Station, alleging that the petitioner had established sexual relations with her on 13/1/2020 at a guest house in Khidirpur on the promise of marriage. She also alleged that this was not an isolated incident as the petitioner exploited the complainant physically over time under the same pretext, and eventually he refused to marry her.

(3.) After registering this case, the Officer-in-Charge of Rajabagan Police Station, endorsed it to S.I. Subhankar Das for investigation. Investigation culminated into a charge-sheet submitted under Ss. 417/376 IPC against the petitioner.