Soumen Bhattacharya vs State Of West Bengal & Anr
2022 Latest Caselaw 3964 Cal

Form J(2)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                                Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                        C.R.R. 2357 of 2021
                            IA No: CRAN 5 of 2022

                       Soumen Bhattacharya
                                 Vs.
                     State of West Bengal & Anr.

For the petitioner      :   Ms. Aishwarya Bazaz


For the State           :   Mr. Swapan Banerjee, Adv.
                            Mr. Suman De, Adv.

For Opposite Party No.2. : Mr. Debasish Roy
                           Mr. Atis Kumar Biswas
                           Mr. Partha Sarkar
                           Mr. Amit Singh
                           Ms. Jyoti Agarwal

Heard on                : 23.06.2022, 05.07.2022

Judgment On             : 05.07.2022.

Bibek Chaudhuri, J.

This is an application for extension of interim order dated 6 th

May, 2022 passed in C.R.R. 2357 of 2021.

Learned advocates for the petitioner, the defacto

complainant/private opposite party and the learned Public Prosecutor

in- Charge are present. On perusal of the materials on record, this court

is of the view that the instant criminal revision can be disposed of here

and now.

The written complaint submitted by the opposite party no.2 goes

to suggest that one Dr. Anag Banerjee proposed opposite party no.2,

through the present petitioner for having a relationship. Subsequently

the said doctor gave impression that he was having a failed marriage

and divorce proceeding was going on and he would be divorced from his

wife very soon and would marry the defacto complainant, who was a

staff nurse of Nalhati Block Health Centre. On being proposed as such

through the present petitioner, the defacto complainant had physical

relationship with the said medical practitioner for a continuous period of

two years. Subsequently the defacto complainant wanted to see the

papers relating to the divorce of the said medical practitioner. Then he

and the present petitioner threatened her, criminally intimidated her

with dire consequence and also insulted her with a view to outrage her

modesty.

In view of such specific allegation made against the petitioner

and on perusal of memo of evidence, this court is of the view that the

petitioner is liable to be tried for the offence committed under Sections

506 and 509 of the Indian Penal Code.

Accordingly charge framed against the present petitioner by the

learned court below is set aside. The learned trial judge is directed to

frame charge against the present petitioner under Sections 506/509 of

the Indian Penal Code.

The instant criminal revision is disposed of on contest. The

CRAN 5 of 2022 is also disposed of. The memo of evidence is kept with

the record.

(Bibek Chaudhuri, J.)