Rajesh Mondal v. State Of West Bengal And ANR

C.R.R 786 of 2021 With CRAN 1 of 2022 D/L24 08.12.2022 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the Criminal Proceedings; Rajesh Mandal

Versus

The State of West Bengal and another Mr. Madhusudan Sur, Mr. Dipankar Paramanick.

...for the State.

The revisional application was preferred for quashing of the proceedings relating to Indas Police Station Case No.95 of 2020 dated 23.06.2020 under Section 376(2)(a)(i) of the Indian Penal Code. The petitioner approached this Court at a stage when the investigation of the case was under progress. The allegations made by the victim are serious in nature. The petitioner in the present revisional application for quashing, has raised the issues regarding other cases pending.

Mr. Dipankar Paramanick, learned advocate, appears on behalf of the State and opposes the contentions advanced in the revisional application by the petitioner.

I have considered the contentions advanced in the revisional application and as the investigation commenced in June, 2020 and no information has been furnished before this Court regarding the present stage of the case, I am of the opinion that on a foundation of counter narrated facts denying allegations, FIR

under Section 376(2)(a)(i) of the Indian Penal Code cannot be quashed.

Accordingly, CRR 786 of 2021 is dismissed.

Consequently, CRAN 1 of 2022 is dismissed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)