RABIYUL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is for quashing of a proceeding being G.R. No. 164 of 1997 under sections 376/109/493 of the Indian Penal Code pending in the court of learned Sub-Divisional Judicial Magistrate, Basirhat.

(2.) On the basis of a complaint lodged by one Nazrul Sardar a case was registered with Swarupnagar Police Station against the present petitioner and his younger brother alleging commission of an offence under sections 493/376/109 of the Indian Penal Code. In the first information report it was alleged that the brother of the petitioner and the daughter of the defacto complainant came in contact of each other and as a result of such free mixing the intimacy between the parties grew up and they got married according to Muslim rites on 2.1.97. The daughter of the defacto complainant became pregnant. It was further alleged that few months after the marriage the said Safiqul Mondal (brother of the present petitioner) refused to accept the daughter of the defacto complainant and in such act of Safiqul, he was encouraged by his elder brother Rabiyul Mondal (present petitioner).

(3.) On completion of investigation police submitted charge-sheet against the petitioner and his younger brother under sections 493/376/109 of the Indian Penal Court. On the basis of the said charge-sheet the learned Sub-Divisional Judicial Magistrate by his order dated 16.6.97 took cognizance of the offence.