Heard the learned counsel for the parties.

2. Learned counsel for the petitioner has submitted that initially he was made an accused under section 294/504/500/ 363A/511 of the Indian Penal Code on the complaint case no. 738 of 2000 filed by the complainant Tarini Sen Mondal against the petitioner and others. Learned counsel for the petitioner also submitted that after investigation I.O. did not find the case true under those sections but he submitted charge-sheet only under section 354 of the Indian Penal Code.

3. Learned counsel for the petitioner has also submitted that there is no allegation in the complaint case under section 354 of the I.R.C. against the petitioner.

4. Learned counsel for the A.P.P. submitted that there was a love affair between the victim and the petitioner.

5. Learned court below while passing the order-dated 30.11.01 observed that there is ingredient to attract section 354 of the I.P.C. as it was found to outrage the modesty of a woman.

6. In the complaint case and the final form submitted by the I.O. after investigation 1 find that there is no material to warrant the conviction under section 354 of I.P.G. of the petitioner and there is no allegation in the