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2010 Supreme(Cal) 182

ASHIM KUMAR ROY
Naran Singh Sardar Alias Palash Singh Sardar – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Ashok Banerjee, Subodh Banerjee, Krishna Ghosh

JUDGMENT

1. THE petitioner has sought for quashing of the charge-sheet relating to offences punishable under Sections 498A/406/323/34 of the Indian Penal Code on the following grounds;

(a) THE petitioner who is an Army Personnel and was posted at Jammu and Kashmir at the material point of time was at Army Campus and was not present at the village Bhikari Cheliama, Purulia.

(b) According to the complainant the marriage was solemnized on October 12, 2005 at Barabazar, Purulia, but on that day he was at his place of employment at Jammu and Kashmir.

(c) A long delay in lodging the FIR.

(d) Petitioners application for anticipatory bail has been allowed by this Court.

(e) According to the police report during investigation no evidence was found to establish the marriage between the petitioner and the defactocomplainant.

2. THE learned advocate appearing on behalf of the petitioner in his oral submission also reiterated the aforesaid points in support of the prayer for quashing. While the learned advocate for the State produced the Case Diary and submitted that sufficient materials have been collected by the police justifying submission of the charge-sheet.

I have given my anxious and thoug



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