JUDGMENT

A.K. Parichha, J. — This is an application under Section 482 of the Code of Criminal Procedure (in short. “Cr. P.C.”) for quashing the order dated 4.4.2003 passed by the learned J.M.F.C., Nimapara in I.C.C. No. 60 of 2003 directing the Nimapara police authority to conduct investigation into the allegations raised by the opp.party No. 1 in her complaint petition.

2. Opp.Party No. 1 filed complaint case No. 60 of 2003 before the learned J.M.F.C., Nimpara alleging that although she and her husband, the present petitioner are not pulling on well and are living separately, the accused-petitioner visited her at her parent’s house on dated 23.3.2003 and forcibly committed sexual intercourse with her during the night. She also alleged that on the following morning she discovered that the petitioner has decamped after removing her gold ornaments from the box without her consent. According to her she went to the Police Station and informed about the illegal action of the petitioner, but the police authorities asked her to take shelter in the Court and accordingly she filed the complaint case.

3. Learned J.M.F.C., Nimapara forwarded the complaint petition of the opposite party No