Decided on June 22,2022

Tanmoy Som Appellant


AJOY KUMAR MUKHERJEE,J. - (1.) This revisional application has been directed for quashing of the proceeding being Bidhannagar Women Police Station case no. 50/2018 dtd. 22/11/2018 under Sec. 407/376/506 of the Indian Penal Code pending before the learned additional Judicial Magistrate at Bidhannagar Women Police Station, North 24 Parganas.
(2.) Learned counsel for the petitioner Mr. Tapas Kr. Ghosh submits that the allegation leveled against the present petitioner is that opposite party no. 2 who is a divorcee lady, joined as a Front Desk Manager at a hotel at Gangtok. As no separate room was available, she had to share a room with another employee at the hotel namely, Tanmoy Som, the present petitioner. It is the allegation of defacto-complainant/opposite party no. 2 that the present petitioner assured her that there will be no issue in sharing the same room but despite the same, on the first night, the petitioner forcibly committed rape upon the defactocomplainant. The petitioner also assured to marry her but subsequently some disputes and differences arose between the defacto-complainant/opposite party No. 2 and the petitioner and for which opposite party no. 2 lodged first information report at the Bidhannagar Police Station and on the basis of first information report, the investigation started. The present revisional application has been preferred for quashing the above mentioned proceeding mainly on two grounds. Firstly, the materials available so far during investigation does not constitute any offence at all and secondly on the ground of want of jurisdiction to proceed with the investigation.
(3.) It is submitted on behalf of the petitioner that according to the allegation leveled in the first information report itself, the alleged incident took place at Gangtok in sikkim and the complainant herself disclosed that all subsequent events happened or took place at Siliguri, under the district of Darjeeling. Moreover, her permanent residence is also at Siliguri. It is not clear why she has lodged the complaint at Bidhannagar Police Station, Calcutta which is far away from Gangtok and Siliguri and which place has got no territorial jurisdiction at all for investigation or trial and police should not have accepted the written complaint because first information report makes it clear that nothing happened within the jurisdiction of Bidhannagar Police Station. Accordingly, continuation of the instant proceeding/investigation by an authority who has got no jurisdiction to proceed, is required to be quashed by the court.;

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