KUNDA PADA PAIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this application the Order No. 4 dated 09/01/2008 passed in C. M. C. No. 686 of 2007 passed by the learned Additional Sessions Judge, Diamond Harbour has been sought to be assailed on behalf of the present petitioner, who happens to be the de facto complainant of G. R. Case No. 1095 of 2007. The brief facts leading to the filing of this application would briefly show that the petitioner's minor daughter Namita Paik was ravished by the present opposite party No. 2 and one Kalpataru Haider in the night of 27/06/2007. After coming to know about the said incident the petitioner suffered a cardiac arrest followed by threat given by the accused persons.

(2.) ON account of illness the petitioner could not file a complaint earlier but subsequently, after his release from the Healthcare Center he approached the Police but since the Police did not take any action ; he was persuaded to take out a petition under Section 156 (3), Cr. P. C. against the opposite party No. 2 and others. This resulted in the registration of Raidighi P. S. Case No. 88 of 2007 under Section 376 of the Indian Penal Code.

(3.) THE opposite party No. 2 was arrested in connection with the instant case and subsequently, he was enlarged on bail by the learned Additional Sessions Judge, Diamond Harbour by the impugned Order complained of which has been sought to be set aside at the instance of the present petitioner.