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2024 Supreme(Cal) 520

SHAMPA DUTT (PAUL)
State of West Bengal – Appellant
Versus
Hare Krishna Mondal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sudip Ghosh, Mr. Bitasok Banerjee.
For the De facto Complainant : Mr. Atis Kr. Biswas, Mr. Amit Singh, Ms. Piyu Mondal.
For the Opposite Party : Mr. Sumanta Das.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revisional application has been preferred against an Order dated 07.01.2020 passed by the Learned Sessions Judge, Nadia in connection with Criminal Motion No. 61/2018, affirming the order dated 10.10.2018 passed by the Learned Additional Chief Judicial Magistrate, Tehatta, Nadia in G.R. Case No. 667 of 2012.

2. FACTS:-

The petitioner/State OF West Bengal’s case is that one Jhuma Mondal, daughter of Akhil Mondal, of Vill & P.O. - Betai Lalbazar, P.S.-Tehatta, Dist-Nadia, lodged a complaint on 14th May 2012 with the inspector-in-charge, Tehatta Police Station, alleging that on 13th May, 2012 at or about 7 o'clock in evening her grandfather Mono Mohan Mondal was returning from the house of her younger grandfather Subol Mondal. Her mother Saraswati Mondal who heard the shouting of her grandfather from near the house of Adhir Sarkar, ran to the spot and found that accused Hare Krishna Mondal, son of Kanchiram, being the opposite party herein, being aided and abetted by few other persons were forcibly taking away the victim Mono Mohan Mondal after gagging his mouth with cloth. The mother of the de-facto complainant could recognize the accused

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