( 1 ) THE petitioner has preferred the instant revisional application under section 482 of the Code of Criminal Procedure (in short the Code) praying for quashing the criminal proceeding being G. R. Case No. 185 of 2006 arising out of Durgapur New Township Police Station (in short N. T. P. S.) Case No. 22 of 2006 dated 1. 3. 06 under Sections 498a/406/420/506/34 of the Indian Penal code (in short the. P. C.) now pending in the Court of the learned Additional chief Judicial Magistrate (in short the ACJM), Durgapur.

( 2 ) MR. Sudipto Moitra, the learned Advocate appearing for the petitioner submitted that offence under Section 406 of the. P. C. is not a continuing offence. Elements of Section 406 of the. P. C. starts from entrustment and in the FIR lodged by the informant/o. P. No. 2 it was only stated that during marriage complainant's father gave 41 bhories of gold ornaments and other things as per list and at the time of marriage the relatives of the complainant handed over those things to the accused person. Mr. Moitra submitted that this averment in the FIR does not attract elements of Section 406 of the. P. C. as it fails to establish proper entrustment. In the marriage beside

Click Here to Read the rest of this document