- (1.) The petitioner has sought for quashing of the charge-sheet relating to offences punishable under Sections 498A/406/323/34 of the Indian Penal Code on the following grounds; (a) The petitioner who is an Army Personnel and was posted at Jammu & Kashmir at the material point of time was at Army Campus and was not present at the village Bhikari Cheliama, Purulia. (b) According to the complainant the marriage was solemnized on October 12, 2005 at Barabazar, Purulia, but on that day he was at his place of employment at Jammu & Kashmir. (c) A long delay in lodging the FIR. (d) Petitioner's application for anticipatory bail has been allowed by this Court. (e) According to the police report during investigation no evidence was found to establish the marriage between the petitioner and the defacto-complainant.
(2.) The learned advocate appearing on behalf of the petitioner in his oral submission also reiterated the aforesaid points in support of the prayer for quashing. While the learned advocate for the State produced the Case Diary and submitted that sufficient materials have been collected by the police justifying submission of the charge-sheet.
(3.) I have given my anxious and thoughtful consideration to the rival submissions of the parties. Considered the materials on record, more particularly, the Case Diary containing the evidentiary materials on the strength of which charge-sheet has been submitted. This Court has been moved for quashing of the charge-sheet, as such the question is to see whether on the evidentiary materials collected by the police during investigation the charge-sheeted offence has been made out or not. At this stage there is no scope to go into the truth or falsehood of those allegations and then to decide which version of the case is true whether that is the version of the prosecution or that of the defence. Those are the matters of trial.;