Biswajyoti Chatterjee vs State Of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 600

B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Biswajyoti Chatterjee – Appellant
Versus
State Of West Bengal – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Pijush K. Roy, Sr. Adv. Ms. Kakali Roy, Adv. Mr. Rajan K. Chourasia, AOR Dr. Linto K.b., Adv.
For the Respondent(s): Ms. Astha Sharma, AOR Mr. Samrat Goswami, Adv. Mr. Sunando Raha, Adv. Mr. Sk Sayan Uddin, Adv. Mr. Kunal Vajani, Adv. Mr. Kunal Mimani, Adv. Mr. Abhinav Rana, Adv. Mr. Kunal Malik, AOR Mr. Manish Awasthi, Adv.

JUDGMENT :

SATISH CHANDRA SHARMA, J.

Leave granted.

2. The Appellant has approached this Court being aggrieved by the Order dated 23.02.2024 passed by the Hon’ble High Court of Calcutta in CRR No. 639/2024 filed under Section 402 r/w 482 of the Code of Criminal Procedure, 1973, (“CrPC”), whereby the Hon’ble High Court refused to discharge the Appellant in FIR No. 13/2015 dt. 14.12.2015 registered with Mahila Police Station, Haldia, District Purba MDP, Sub Div. Haldia under Sections 376/417/506 IPC (“FIR”) and dismissed the Revision Petition against Order dt. 04.01.2024 passed by the Ld. District & Sessions Judge, Purba Mednipur at Tamluk in Sessions Case No. 198/2023.

3. The Appellant is a former judicial officer who has superannuated from the post of Civil Judge (Senior Division), City Civil Court, Calcutta. The FIR was registered at the behest of the Respondent no.2/Complainant, who has alleged that it was in 2014, during the pendency of the litigation arising out of a marital discord with her ex-husband, that she came in contact with the Appellant, then posted as ACJM, Haldia, Dist. Purba, Medinipur. It is the case of the Complainant that the Appellant, who was also separated from h