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1996 Supreme(Cal) 306

R.Bhattacharyya
Jitendra Nath Kundu – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Biswanath Chakraborty, Md. Z. Rahaman-for the petitioner
Amit Talukdar, Miss Sarbani Ghosh-for opposite party.

JUDGMENT

R. Bhattacharyya, J: This criminal revision is directed for quashing of the proceeding of case No.545C of 1993 pending disposal before the learned 6th court of Judicial Magistrate of Alipore.

2. The short facts giving rise to the above question may be stated thus:-

3. The case reveals the weary tale of the revisionist No.1 who became an ill fated father of Sharmista who had gone missing on and from 17.5.92. The revisionist, since bewildered by the missing of his daughter lodged an information with the Jadavpur Police Station and also intimated the Special Superintendent of Police, Missing Persons Squad, CID, Bhawani Bhawan, Alipore for recovery.

4. On receipt of an information about the commission of a cognizable offence, the Jadavpur Police Station started a PS Case being PS Case No. 313(5) under Ss. 363/365 & 366 of the Indian Penal Code against the opposite party No.2 who as a part of the investigation was arrested by the police. He was subsequently enlarged on bail. The missing daughter Sharmista, however, was rescued some time in June, 1992 whose statement was recorded by the learned Judicial Magistrate in Alipore u/s. 164 of the Cr.P.C. She was released on bond and that




















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