JITENDRA NATH KUNDU Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-7-40
HIGH COURT OF CALCUTTA
Decided on July 31,1996

Jitendra Nath Kundu Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

RABIN BHATTACHARYYA, J. - (1.)THIS criminal revision is directed for quashing of the proceedings of Case No. 545 C of 1993 pending disposal before the learned 6th Court of Judicial Magistrate of Alipore.
(2.)THE short facts giving rise to the above question may be stated thus : The case reveals the weary tale of the revisionist No.1 who became an ill -fated father of Sharmista who had gone missing on and from 17.5.92. The revisionist, since bewildered by the missing of his daughter lodged information with the Jadavpur Police Station and also intimated the Special Superintendent of Police, Missing Person Squad, CID, Bhawani Bhawan, Alipore for recovery.
(3.)ON receipt of an information about the commission of a cognizable offence, the Jadavpur Police Station started a PS Case being PS Case No.313(5) under Sections 363/365 and 366 of the Indian Penal Code against the Opposite Party No.2 who as apart of the investigation was arrested by the police. He was subsequently enlarged on bail. The missing daughter Sharmista, however, was rescued some time in June, 1992 whose statement was recorded by the learned Judicial Magistrate in Alipore under Section 164 of the Cr. P.C., she was released on bond and that she was given to the protective custody of her father. Ultimately, on submission of final report by the police on 27.2.93, Ashish the Opposite Party No.2 was discharged.
Ashish could not brook the insult and humiliation as it set out a gloomy cloud on his character and career and to remove the eclipse, he filed a complaint before the Magistrate under Sections 500/509 read with Section B of the IPC. The learned Chief Judicial Magistrate 24 Parganas (South), upon examination of the complainant and his witnesses, issued -a process against all the revisionists.

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