ASIM KUMAR RAY, J. - (1.) THIS application under Sections 482/401 of Cr. P.C. is at the instance of the petitioner Khairul Amir seeking quashing the charge sheet being No. 266 of 2005 dated 31-12-005 under Sections 376/522 of the Indian Penal Code filed before the Court of learned Additional Chief Judicial Magistrate, Kandi , Murshidabad.
(2.) THE petitioner has stated in his application that his elder brother's wife , mother of ten children lodged the complaint falsely and motivatedly only to harass him. A series of civil and criminal litigation are going on between the complainant's husband /brother of the petitioner and the petitioner herein. Kandi P.S. Case No. 178 of 2005 dated 8-9-2005 under Sections 376/511 has been initiated out of enmity wherein the charge sheet has been filed. Mr. Ashish Kumar Sanyal, learned counsel appearing for the petitioner has contended that the allegation made in the FIR/complaint are so absurd and inherently improbable and on the basis of which no prudent man can even reach to a just conclusion that there is sufficient ground for proceeding against the accused. He has contended further that the criminal proceeding initiated by the complainant Memrani Bibi/wife of petitioner's elder brother who is the mother of ten children is manifestly attended with malafide . It was maliciously instituted with an ulterior motive for wrecking vengeance on the accused due to personal grudge as the petitioner and husband of the complainant /elder brother of the petitioner are locked in series of litigation both civil and criminal. The charge sheet may be quashed.
(3.) MISS . Rituparna De, learned counsel appearing for the opposite party/State has contended that on the basis of an FIR the case was registered against the petitioner and it was investigated into. On completion of the investigation charge sheet under Sections 376/511 has been submitted. During investigation statement of the victim has been recorded. Doctors are witnesses in the charge sheet. The petitioner may pray for discharge before the learned Court below. This revisional application may be dismissed.;