MAMONI BHAKAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been preferred under section 482 of Cr. PC praying for quashing of the proceeding of Nabadwip P.S. Case No. 118(10) of 2004, as pending in the Court of learned Judicial Magistrate, Nabadwip.

(2.) Case of the petitioner is that the opposite party No. 2 submitted a written complaint to the O/C, Nabadwip P.S. on 6.10.2004 stating therein that his daughter Shipra Bhakat, aged about 19 years and who is a handicapped lady was called by Raju Bhakat 5/6 months before, in his house and raped her. Due to this, Shipra Bhakat became pregnant. As accused Raju threatened Shipra, so she could not disclose the matter earlier. In the meantime Raju assured Shipra that he would marry her. Two months after the incident, Raju took Shipra to one Manik Das, a quack of the village for the purpose of abortion. He administered some medicines to Shipra, but even thereafter the condition of Shipra became serious and as such, the de facto complainant informed the matter to the parents of Raju, who promised to give marriage of Raju with Shipra. In the meantime Shipra was taken to a Nursing Home at Nabadwip by Raju Bhakat and Manik Das and abortion took place. Over this issue, a Salish was called where Raju and his parents agreed that Raju would marry Shipra. But on 5.10.2004 Raju and his parents refused the proposal of marriage and as such, finding no other alternative, the de facto complainant lodged the complaint with the O/C, Nabadwip P.S. against Raju and others.

(3.) In the basis of the said written complaint, Nabadwip P.S. Case No. 118(10) of 2004 was started. Case was investigated and after completion of investigation, chargesheet was submitted against Raju Bhakat, Manik Das and Mamoni Bhakat, present petitioner, alleging commission of offence under section 376/ 420/201 of the Indian Penal Code. The Investigating Officer recommended the discharge of parents of Raju Bhakat and such prayer was allowed by the Court below.