Plaban Kabiraj vs Soumi Das & Ors
2023 Latest Caselaw 1621 Cal

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

                      C.R.R. 4494 of 2022
                        Plaban Kabiraj
                              Vs.
                       Soumi Das & Ors.

For the petitioner    : Mr. Pradipta Nath, Adv.


Heard on              : 13.03.2023

Judgment On           : 13.03.2023.

Bibek Chaudhuri, J.

The petitioner is the accused in connection with Suri Women

Police Station Case No.19 of 2021. He has prayed for quashing of

charge-sheet under Sections 376/417/354(D)/506 of the Indian Penal

Code on the following grounds:-

(1)In her written complaint the de-facto complainant stated

that she had love relationship with the petitioner since

March, 2020 but in her statement under Section 164 of the

Code of Criminal Procedure, she stated that she came to

know the petitioner only in 2020. Therefore, the petitioner

made contradictory statement in her written complaint and

statement under Section 164 of the Code of Criminal

Procedure;

(2)The wife of the petitioner was examined under Section 161

by the Investigating Officer where she stated that she was

subjected to physical and mental torture by her husband

since 2018. Subsequently she came to know that her

husband maintained relationship with the de facto

complainant.

However, after filing of the charge-sheet, the wife of the

petitioner had sworn an affidavit denying such statement

recorded under Section 161 of the Code of Criminal Procedure.

These grounds cannot be taken and accepted as the

grounds for quashing of a criminal case under Section 482 of

the Code of Criminal Procedure.

The grounds submitted by the learned Advocate for the

petitioner does not fall within the seven celebrated categories

initiated in Bhajanlal's case. Therefore, I do not find any merit

in the instant revision and accordingly, the instant revision is

summarily dismissed.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.25.

D/L.