- (1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 filed by four petitioners namely, Biswanath Jana, Pampa Jana, Gopal Betal and Anita Betal for quashing of charge-sheet being No. 08/13 dated 31.01.2013 under Sections 465/466A/120B of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Howrah. For determining the question on submission of learned counsels the Case Diary of the case was called for. An authentic copy of the Case Docket has been produced by the learned Advocate for the State. As per the Case Diary a charge-sheet under Sections 365/366A/120B of the Indian Penal Code has been submitted after completion of police investigation against eight accused persons including the above named four petitioners and Ananda karmakar, Rupa Chatterjee, Rakesh alias Rajesh Chatterjee and Raju Betal on a complaint (FIR) lodged by Sankar Prasad Baitalik. Among the eight accused persons three accused namely, Ananda Karmakar, Rekesh alias Rajesh Chatterjee and Raju Betal have been shown as absconders. In substance, the allegation against the accused person is that entering into a criminal conspiracy with other accused persons the accused Ananda Karmakar kidnapped the minor girl Nilanjana Baitalik, daughter of Sankar Prasad Baitalik including her from lawful custody of her father with intent to force her to illicit intercourse with accused Ananda Karmakar on 10.11.2012 about 1:00 p.m.
(2.) Contending inter alia, the petitioners have contended that the complaint against them is bad and cannot be sustained in the eye of law and a malicious prosecution has been brought against them. They have prayed for quashing the proceeding brought against them. On going through the materials on record and the copy of the Case Diary prima facie case under Sections 120B/365/366A of the Indian Penal Code has been found made out. Learned counsel for the petitioners has repeatedly argued that marriage between accused Ananda Karmakar and alleged victim has been solemnized and their marriage has also been registered according to law. On the other hand, learned Advocate for the State has drawn my attention to the copy of birth certificate of the victim girl Nilanjana Baitalik wherein her date of birth has been mentioned as 27.12.1994. Since the date of alleged occurrence is 10.11.2012 obviously the alleged victim Nilanjana Baitalik was a minor girl on 10.11.2012. Learned Advocate for the petitioners tried for convincing the Court that when the alleged victim Nilanjana Baitalik has been living peacefully with her husband Ananda Karmakar this High Court may quash the proceeding in the Court below for doing social justice by exercising its inherent power under Section 482 of the Code of Criminal Procedure, 1973.
(3.) In my view, the provisions of Section 482 of the Code of Criminal Procedure has not authorised me to violate the statutory provisions of law or to quash any charge-sheet which has been submitted by Police Officer following the law of the land within the ambit of Criminal Justice System. Therefore, the submission of learned Advocate for petitioners cannot be accepted. As such, the instant application has no substance at all.;