SAIBAL GANGULY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure 1973 filed by the petitioner praying quashing of the proceedings of CRR No.4792 of 2015 arising out of Lake Police Station Case No.399 dated 24th October, 2015 under Sections 341/323/448/509/114 of the Indian Penal Code pending before the Court of the Learned Chief Judicial Magistrate, Alipore, South 24 Parganas.

(2.) In a nutshell the facts of the case are that on 24.10.2015 the de facto complainant i.e opposite party no.2 lodged a written complaint before the Lake Police Station against the present petitioner who is the brother of the husband of the de facto complainant. It was alleged in the said complaint that in the morning of the date of alleged incident the de facto complainant went in the residence of her husband to pick her daughter as she was denied access to her daughter. The de facto complainant picked up her daughter from there and came back home. On that date at 9:00 p.m. the husband of the de facto complainant and petitioner came to her residence and created a scene. Petitioner raised hand on the complainant in full public view in presence of other residents. It was alleged in the said written complaint that her brother- in- law i.e the present petitioner had been residing in U.K since March, 2005 and he was a trespasser. It was the further allegation of the complainant that the petitioner tried to strangle her and abused her.

(3.) On the basis of the said FIR, Lake Police Station Case No.399 dated 24.10.15, was started against the FIR named accused persons.