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2023 Supreme(Cal) 170

SHAMPA DUTT (PAUL)
Sagnik Dey – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Joydip Kar, Sr. Adv., Mr. Rajdeep Mazumder, Mr. Mayukh Mukherjee, Mr. Abhijit Singh.
For the Respondent: Mr. Madhusudan Sur, Mr. Dipankar Paramanick, Mr. Sabyasachi Banerjee, Mr. Sourav Chatterjee, Mr. Soumya Nag.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been filed praying for quashing of the proceedings in ACGR Case No. 5731 of 2019, arising out of Survey Park Police Station Case No. 221 of 2019 dated 30.11.2019 under Sections 376/328/323/417 of the Indian Penal Code now pending before the Court of the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas.

2. The petitioner’s case is that, a written complaint was lodged by one Sukla Das, wife of Dr. S.K. Das, resident of Santoshpur Avenue, Kolkata – 700075, with the Joint Commissioner of Police, Crime Branch, Kolkata, enclosing the complaint of her daughter Dr. Riyal Das (the alleged victim) alleging the commission of offences punishable under Sections 323/328/376/417 of the Indian Penal Code. The allegations leveled in the said complaint of Dr. Riyal Das are to the effect that:-

    The petitioner exploited the victim mentally and physically for over a period of three years by being in a relationship with her, during which period, the petitioner allegedly made false promises of marrying her in the near future, however, the petitioner got married secretly without informing the victim about the same. That even

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