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2023 Supreme(Cal) 153

SUBHENDU SAMANTA
Rajneeth Kurme – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sandipan Ganguly, Adv., Mr. Pinak Kumar Mitra, Adv., Mr. H.B.Dubey, Adv.,
For the Respondent: Mr. Sudip Ghosh, Adv., Mr. Bitasok Banerjee, Adv.

JUDGMENT :

Subhendu Samanta, J.

1. This is an application u/s 482 of the Code of Criminal Procedure for quashing of a proceeding being SC no. 9 (v) of 2016 [(ST) no. 22 (xii) of 2016] pending before the Learned Additional Sessions Judge Baruipur, south 24 Parganas arising out of Baruipur P.S Case No. 1141 of 2014 dated 08.08.2014 u/s 376/417 of the IPC wherein the charge has been framed against the present petitioner u/s 376/417 of the IPC.

2. The brief fact of the case is that the present opposite party no. 2 has lodged a written complaint before the OC Baruipur P.S being Case No. 1141 of 2014 dated 8th August 2014 u/s 376 /417 IPC. The written complaint contended that the opposite party no. 2 is a resident of Baruipur, Kolkata and presently she is working as a research Scholar in the department of Food Technology and Biochemical Engineering; that since March, 2009 the Opposite Party No. 2 was in a relationship with the petitioner, who is a M. Tech and had done such course from the same department in which the Opposite party No 2 works; that presently the petitioner is working as a Technical Assistant – II in Food corporation of India, Nizamabad Circle; that after the final examinati

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