SANKAR ACHARYYA,J. - (1.) This revisional application has been filed by the petitioner for setting aside the order dated 03.07.2013 passed by learned Additional Chief Judicial Magistrate, Bidhannagar in G.R. Case No. 581 of 2013 arising out of Bidhannagar police station case No. 140 of 2013 dated 17.06.2013 under Section 354 of the Indian Penal Code (in short I.P.C.) and for quashing the proceedings of G.R. Case No. 140 of 2013 . In the said order dated 03.07.2013 (hereinafter called as impugned order) learned Magistrate took cognizance of the offence punishable under Section 354, I.P.C. against the accused (petitioner herein).
(2.) Inter alia, the petitioner has contended that the impugned order is an abuse of process of justice as the learned Magistrate took cognizance of the offence under Section 354, I.P.C. without application of judicial mind although the ingredients of said section were not established on the materials brought on record by the investigating police officer with the charge -sheet in the proceedings of G.R. 140 of 2013.
(3.) I have gone through the copies of first information report (in short FIR), charge -sheet, hand sketch map with index of the place of occurrence, statements of two witnesses who are cousin sister and mother of the victim as well as informant recorded under Section 161 of the Code of Criminal Procedure (in short Cr.P.C) recorded by the investigating police officer, statement of the victim lady recorded by learned Judicial Magistrate under Section 164, Cr.P.C. and the certified copy of the impugned order dated 03.07.2013 which have been annexed to the revisional application.;