- (1.) The hearing stems from an application under Section 401 read with Section 482, Cr.P.C. filed by the petitioner praying for quashing the proceeding being C.R. Case No. 239/2001 under Sections 366/376/379/384/323, I.P.C. and all orders passed therein, pending in the Court of learned Judicial Magistrate, 3rd Court, Hooghly.
(2.) The circumstances leading to the, above application are that on 25.10.2000 Krishna Chandra Mal, husband of the O.P. filed a complaint being C.R. Case No. 440/2000 under Sections 380/498, I.P.C. against the petitioner and O.P. inter alia alleging that on 20.10.2000 the O.P. keeping her minor child at the house of neighbour Nakul Chandra Ghosh had fled away with the petitioner after taking cash of Rs. 20,000/- and gold ornaments of about 18 bharis from the almirah and they were moving at a different places. The O.P. and the petitioner after their appearance in the said case were enlarged on bail. After examination of a few witnesses the O.P. filed a petition under Section 133 of the Evidence Act praying for permission to adduce evidence on behalf of the complainant which was rejected and the petitioner was discharged from the case on 28.09.2001 under Section 245(1) Cr.P.C.
(3.) The O.P. filed the said complaint being C. R. Case No. 239/2001 on 15.6.2001 inter alia alleging that the petitioner being a close friend of her husband used to visit her house frequently and stay there in the absence of her husband. On 3rd Kartick, 1407 B.S, on the representation of the petitioner that her husband who had gone to Sultangacha for bringing the price of paddy, had met with an accident, for which Rs. 70,000/- was required, she left with the petitioner keeping her child in the house of her neighbour and taking Rs. 20,000/- and gold ornaments of 18 bharis from almirah. The petitioner took her to different places, took the said cash and ornaments, threatened her with dire consequences, co-habited with her against her will and obtained her signatures on blank paper and ultimately she was recovered from Kalna on 22nd Kartick, 1407 B.S. After examining witnesses the learned Magistrate found a prima facie case under Section 366/376, I.P.C. and issued warrant against the petitioner.;