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2023 Supreme(Cal) 135

SHAMPA DUTT (PAUL)
Santanu Bhattacharya – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Susnigdho Bhattacharyya.
For the Respondent: Ms. Rita Datta

JUDGMENT :

Shampa Dutt (Paul), J.:

1. The present revision has been preferred praying for quashing of the proceeding in G.R Case No.3520 of 2017 arising out of Bongaon Police Station Case No.986/17 dated 11.10.2017 under Sections 493/376/323/506/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Bongaon.

2. The petitioner's case is that the opposite party no.2, Rinki Mitra lodged a complaint under Section 156(3) of the Code of Criminal Procedure before the Learned Additional Chief Judicial Magistrate, Bongaon and as per order the said complaint was treated as First Information Report and accordingly, Bongaon Police Station Case No.986/17 dated 11.10.2017 under Sections 493/376/323/506/34 of the Indian Penal Code has been started against the petitioner. It has been alleged in the said written complaint that the complainant is a divorcee and ten months ago she developed a relationship with the petitioner Santanu Bhattacharya and he promised to marry her and on that pretext they met each other intimately and during their relationship they had sexual intercourse on several occasions and they also started residing in a rented house. But subsequent

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