Mr. Ananda Sen, J. - (1.) The petitioner has challenged the order dated 05.05.2011 by which cognizance of offence has been taken under Sections 376 and 379 of the Indian Penal Code, arising out of Maheshpur P.S. Case No. 83 of 2007, corresponding to G.R. Case No. 350 of 2007, which is pending in the court of the learned Chief Judicial Magistrate, Pakur.
(2.) The first information report was lodged at the instance of the informant, namely, Baso Baski, daughter of Ram Baski alleging therein that after proposal of marriage between the petitioner and the informant, the petitioner took her to his house where they lived for two months like husband and wife. The informant, thereafter, came to know that this petitioner was already married and was having a child out of the earlier wedlock. It is alleged that the petitioner assaulted the informant and drove her out. She also alleged that she was subjected to sexual harassment on the pretext of marriage for the last two months. It is further alleged that her silver chain was also snatched by the petitioner.
(3.) The fardbeyan was registered as Maheshpur P.S. Case No. 83 of 2007, and thereafter, investigation started. After completion of investigation, on 27.11.2007, the Investigating Officer submitted final form being Final Form No. 169 of 2007, showing mistake of fact. The Court below, thereafter on 05.05.2011 took cognizance of offence under Sections 376 and 379 of the Indian Penal Code. This order taking cognizance is under challenge.;