- (1.) The petitioner has preferred the revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure praying for quashing the proceeding of G.R. Case no.990 of 2013 arising out of Baruipur Police Station Case no.245 of 2013 dated March 16, 2013 pending before the court of learned Additional Chief Judicial Magistrate, Baruipur, South 24-Parganas.
(2.) It appears from record that the opposite party no.2 made a written complaint before the Officer-in-Charge of Bauripur Police Station alleging inducement of minor daughter of the opposite party no.2 by one Kaji Saddam, son of the present petitioner, for elopement and minor daughter of the opposite party no.2 was confined in the house of the present petitioner. Baruipur Police Station Case no.245 dated March 17, 2013 under Section 363 and Section 366A of the Indian Penal Code was started on the basis of the said written complaint filed by the opposite party no.2. It further appears from record that police ultimately submitted charge-sheet against Kaji Saddam and the present petitioner on the allegation of committing offence under Section 363/366A of the Indian Penal Code. The copy of the statement of the witnesses and other documents were served on the present petitioner from the court of learned Magistrate under Section 207 of the Code of Criminal Procedure. It also appears from record that the petitioner came to know from the statement of the witnesses including the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure that the present petitioner is not at all involved in the incident of kidnapping of the minor victim girl and as such the petitioner has prayed for quashing the criminal proceeding against him.
(3.) Mr. Anirban Dutta, learned counsel appearing on behalf of the petitioner, has referred to the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure and submits that the victim girl has specifically stated that the petitioner went to the house of the opposite party no.2 in order to drop the victim girl as she was a minor. According to learned counsel for the petitioner, the contents of the written complaint treated as F.I.R., statement of the witnesses recorded under Section 161 of the Code of Criminal Procedure and statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure and other documents collected during the investigation do not disclose any offence against the petitioner and as such the criminal proceeding against the petitioner is liable to be quashed.;