Tapan Kumar Sarkar v. State Of West Bengal And ANR

D/L -10 14/02/2025 Aritra Ct. No.-28 CRR 3752 of 2024 Tapan Kumar Sarkar Vs.

The State of West Bengal & Anr.

Mr. Navanil De Mr. Srijan Ghosh ....for the petitioner 1.

Petitioner contends allegations in the impugned charge sheet do not disclose ingredients of the alleged offence under Section 354B of Indian Penal Code. Accordingly he prays for quashing of the proceeding.

2.

I have considered the materials on record including the statement of the victim before Magistrate. In her statement, the victim alleged the petitioner had abused her on the street. Thereafter the accused pulled her hair and assaulted her father. She was also threatened with a knife.

3.

The uncontroverted allegations in the aforesaid statement disclose ingredients of offence under Sections 324/506 of the Indian Penal Code. These offences form a part of the charge sheet in addition to the offence under Section 354B. All the offences were alleged to have been committed in course of the same transaction and it is inadvisable to examine the proceeding qua each charge at the interlocutory stage.

4.

All issues are kept open to be agitated at the appropriate stage of the proceeding.

5.

With this observation, the application being CRR 3752 of 2024 is disposed of.

(Joymalya Bagchi, J.)