Alakesh Chaterjee vs The State Of West Bengal & Anr
2022 Latest Caselaw 6244 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                              Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                            CRR 2698 of 2022
                           Alakesh Chaterjee
                                   Vs
                      The State of West Bengal & Anr.

For the petitioner      : Mr. Abhra Jena, Adv.

Heard on                : 05.09.2022

Judgment On             : 05.09.2022.


Bibek Chaudhuri, J.

The petitioner being charge-sheeted accused in connection

with G.R.No.809 of 2017 under Sections 376/417/506 of the Indian

Penal Code arising out of Mahishadal Police Station Case No.179 of

2017 presently pending before the learned Additional Chief Judicial

Magistrate, Haldia has filed the instant revision praying for quashing

of the above-mentioned proceeding on the ground that on the basis of

a written complaint submitted by the opposite party No.2 on 6 th June,

2017, police registered Mahishadal Police Station Case No. 179 of

2017. On the very next day of the registration of the case, statement

of the victim/de-facto complainant was recorded under Section 164 of

the Code of Criminal Procedure. In the said statement de-facto

complainant stated that she does not want to proceed with the case.

It is further submitted by the learned Advocate on behalf of the

petitioner that both the petitioner and the opposite party No.2 had

mutual love relationship and both of them are major. There was

consensual physical intimacy between the parties. Therefore,

question of cheating for the purpose of commission of offence under

Section 417 of the Indian Penal Code cannot be held to be valid and

proper.

It is needless to say that a statement under Section 164 of the

Code of Criminal Procedure is not a substantive piece of evidence.

Such statement of the maker can be used only for corroboration or

contradiction. It is also for the Trial Court to consider as to whether

specific act and conduct of the petitioner amounted to an act of

cheating within the meaning of Section 417 of the Indian Penal Code

for the purpose of commission of an offence under Section 376 of the

Indian Penal Code can only be decided on the basis of the evidence

that may be adduced by the witnesses on behalf of the prosecution

during trial.

Accordingly, I do not find any merit in the instant revision and

the same is summarily dismissed.

It appears from the copies of the order passed by the learned

Trial Court that warrant of arrest is pending against the petitioner.

The petitioner is directed to surrender before the Trial Court within

one week after vacation and pray for bail. The Trial Court shall

consider the application for bail in accordance with law.

The Trial Court is also requested to expedite the trial of the

Mahishadal Police Station Case No.179 of 2017.

The petitioner is at liberty to act on the server copy of the

order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.100..