SUJIT KUMAR PATI Vs. ATASI SINGHA MAHAPATRA

JUDGEMENT

(1.) BY this application dated 15-12-2004 prayer was made for quashing of the complaint case No. 15c of 2004 corresponding to No. 1333t of 2004 under section 420 of the IPC pending before learned Judicial Magistrate, Khatra in the district of Bankura. Also is challenged dated 17-11-2004 passed by the said Judicial magistrate in the case issuing warrant of arrest against the petitioner.

(2.) THE O. P. No. 1 lodged a complaint with the learned SDJM, Khatra on 15-04-2004 against the present petitioner alleging the following facts :-The parties were distantly related to each other. Sometime in 1992 the opposite party got herself acquainted with the petitioner in the house of the aunt of the petitioner and also in the house of the sister of the opposite party. The petitioner expressed his desire to have intimacy with the complainant-opposite party who was not initially interested but after persistent persuasion she was agreed to the proposal of the petitioner and gradually a relation developed between them. Good number of love letters were exchanged between them. The petitioner got employment in the police department in 1995 and he assured the opposite party that after completion of his training at Barrackpore he would marry the complainant. During the training period he requested the complainant to come to Sibpur in the house of the elder sister of the complainant so that he could meet her regularly. Accordingly, the complainant went to sibpur and used to meet him regularly there. In 1997 the petitioner was posted at Purulia and in 1998 he was transferred to Jhalda P. S. when he used to keep contract with the opposite party regularly over telephone. In 2003 the petitioner invited the opposite party to come to burrabazar when he was posted there and the complainant went there and stayed in the quarter of the petitioner for about three days and then came back. In June, 2003 the petitioner asked the complainant to come to Burrabazar for the purpose of marrying her through registration and on 10-06-2003 the complainant came there but in the night of 10-06-2003 a message was received by the petitioner regarding theft of an ambassador car and on the pretext of that case the petitioner deferred the registration of marriage and assured of registration subsequently. On 11-06-2003 the petitioner sent the complainant to jorsa by a car being No. WB-56a-0834. On 13-02-2004 when the petitioner was posted at Keshipur P. S. he asked the complainant over telephone to come there for the purpose of registration of marriage. The complainant had been to the place on 14-02-2004. On 16-02-2004 the petitioner called the family members of the complainant and requested them to be present at the time of registration of marriage. The family members and the relations of the complainant accordingly came there. But the petitioner raised another pretext that he was very busy with a t. I. Parade of an importance case and he deferred the registration. The complainant always believed that the petitioner would marry her and pursuant to such belief she closely mixed with the petitioner. During the long period the petitioner established sexual relations with the complainant. The complainant was not agreeable to have such physical relation before marriage but the petitioner strongly promised to marry her on all such occasions but now the complainant has realized that the petitioner cheated the complainant cunningly. The complainant would not have touch with the petitioner had she had any idea that the petitioner would cheat her. Now the petitioner is not interested to marry the complainant. The local persons of the community know the relation between the complainant and the accused. The petitioner is alleged to have committed mischief.

(3.) THE learned Judicial Magistrate, Khatra issued warrant of arrest against the petitioner under section 204 (1) (b) of the Cr. PC upon examination of the complainant and her witnesses.