PARTHO PRATIM PHUKAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner by filing the instant application under section 482 of the Code of Criminal Procedure sought for quashing of the proceedings of B. G. R. Case No. 395/99 pending before the learned Court of additional Chief Judicial Magistrate, Alipore. This relates to Jadavpur PS case No. 51 dated 30th January, 1999 under section 376/420 of the Indian penal Code.

(2.) THE complaint was lodged by Smt. Ishita Deb in the Jadavpur Police station alleging commission of offence punishable under sections 376/420 of the Indian Penal Code thereby giving rise to Jadavpur Police Station case no. 51 dated 30th January, 1999. The complainant claimed to be self-employed english teacher who was residing alone for about two years before meeting the accused/petitioner. She is a graduate from St. Xavier's College with honours in English. She was previously attached to Asoke Hall, Calcutta. Her pre-occupation with students, drama classes, music and painting, left her with hardly any time to get acquainted with the local residents. The petitioner having similar convent background and having similarity in taste and aptitudes, there developed a relationship between the two. With the idea to get such relationship mature in a marriage, they started living together and cohabited in 6. 9. 1998 onwards. The de facto complainant got pregnant. Accused/petitioner promised to marry her as early as possible but to her utter surprise, on 5th December, 1998, the petitioner changed his mind and expressed his inability to marry the de facto complainant who was advised to abort the baby.

(3.) ON the basis of such complaint, police took up investigation. After few days of detention the petitioner was out on bail. After completion of investigation, police authority submitted chargesheet on 28. 1. 2002 under section 376/420 of the Indian Penal Code. Though Mrs. Sharbani Nakra (Saha) was made a co-accused, investigating authority did not submit chargesheet against her. She was accordingly discharged.