ANIRBAN MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been filed for quashing of the chargesheet being chargesheet No. 185 of 2022 dtd. 31/7/20 22 under Sec. 417/376/313/506 of the Indian Penal Code and the injured proceedings arising out of Shalbani Police Station Case No. 38/2022 dtd. 16/2/20 22 which is presently pending before the Learned Chief Judicial Magistrate at Pashim Mednipore.

(2.) The genesis of this case lies on a complaint lodged by the victim lady all 16/2/20 22 with the Officer-in-Charge Shalbani Police Station alleging inter alia that she developed a friendship in the year 2017 with one her senior qua the present petitioner and pursuant to a proposal made on his behalf the romantic relationship developed between them. On March 10, 2018 the petitioner forced her to consume liquor and she lost her sense and next morning she found herself in a hotel room with the petitioner and understood of being raped not in conscious state of mind. Thereafter the petitioner promised her to marry and on such assurance she further continued such relation and went to Digha in the month of June 2018 and had sexual intimacy with the petitioner and thereafter also on several occasions went to the house of the petitioner as well as Hotels and spent nights and lastly after they returned from Goa, she got pregnant. The petitioner after being appraised of such fact compelled her to get an abortion with the assurance to marry her in future. Unfortunately the petitioner lastly refused to marry her and also threatened her to upload her photographs and videos lying in his laptop.

(3.) After the petitioner was arrested on 23/2/20 22 in connection with this case a writ petition was filed by the mother of the present petitioner before the High Court and the petitioner was released by an order dated March 3, 2022 with certain terms and conditions. Challenging such order an appeal was preferred by the Opposite Party no. 2 before the Division Bench and after hearing the rival submissions, the Learned Division Bench of this court did not interfere with the order passed by the learned Single Bench. Meantime on completion of the investigation the charge sheet was submitted on 21/7/20 22 against the petitioner and hence the petitioner has come before this court for quashing of the entire proceeding.