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2023 Supreme(Cal) 121

SHAMPA DUTT (PAUL)
Swapan Samanta – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Niladri Sekhar Ghosh, Ms. S. Chatterjee, Mr. Sourav Mondal.
For the Respondents: Ms. Puspita Saha.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred praying for quashing of the proceeding, in G.R Case No.969 of 2016, arising out of Goghat Police Station Case No.288 of 2016 dated 28.05.2016 under Sections 363/366(A) of the Indian Penal Code, 1860 pending in the court of the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly.

2. The petitioner's case is that the opposite party no.2 lodged a written complaint before the Officer-in-Charge of Goghat Police Station which was registered as Goghat Police Station Case No.288 of 2016 dated 28.05.2016 under Sections 363/366(A) of the Indian Penal Code, 1860 (G.R. 969 of 2016) pending in the court of the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly. The learned court took cognizance and proceeded in the matter against the petitioners.

3. The allegation, inter alia, as follows:-

    “On 25.05.2016 at around 8.00 PM, the minor daughter of the opposite party no.2 namely Silpa Murmu, aged about 17 years and 5 months was eloped by the petitioner, with a false promise of marriage. On 26.05.2016 at around 3.00 pm the opposite party no.2 came to know about the where about of his daughter by c

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