- (1.) The petitioners have preferred this revision praying for quashing of the criminal proceeding being G.R. Case no.886 of 2015 arising out of Contai Police Station Case no.221 of 2015 dated June 3, 2015 under Sections 376/406/379/420 of the Indian Penal Code and under Section 3(i) (x) (xi) (xii) and under Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending before the court of learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur.
(2.) The opposite party no.2 filed a petition of complaint before the court of learned Additional Chief Judicial Magistrate, Contai with a prayer to forward the said petition of complaint to the Officer-in-Charge of Contai police station for registration of the FIR and causing investigation. Accordingly, on the basis of petition of complaint filed by the opposite party no.2, Contai Police Station Case no.221 of 2015 dated June 3, 2015 was registered and the investigation was taken up by the police.
(3.) Mr. Arindam Jana, learned counsel appearing on behalf of the petitioners contends that no offence under Section 376 of the Indian Penal Code is made out against the petitioner nos.1, 2 4 and 5. Mr. Jana further submits that the victim girl is a consenting party and she has made false allegation in the petition of complaint in order to rope in all members of family of the petitioner no.3. Mr. Jana also submits that the petition of complaint is drafted by lawyer in such a way so that the ingredients of the offences under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be disclosed. The sum and substance of the submission of Mr. Jana is that the petitioners may be given some protection in course of investigation of the criminal case.;