Calcutta High Court (Appellete Side)
Ajit Mondal @ Ajijul Mondal & Ors vs The State Of West Bengal & Anr on 8 August, 2014
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 8.8.2014
C.R.R. 4090 of 2013 Ajit Mondal @ Ajijul Mondal & Ors.
-Versus The State of West Bengal & Anr.
Mr. Dipanjan Chatterjee ... For the petitioners.
Proceeding under Sessions Case No.23(7) of 2010 pending before the learned Additional Sessions Judge, Fast Track Court, Ranaghat, Nadia under Sections 363/366 of the Indian Penal Code is assailed.
The prosecution case is to the effect that on 16th March, 2009 between 7-00 p.m. to 7-30 p.m. the minor daughter of the de facto complainant went missing, after searching for the daughter, de facto complainant came to know from his neighbours that petitioner No.1 along with his family members had kidnapped her. Thereafter, on the next date at about 1-00 p.m. when the de facto complainant went to the family members of the petitioner No.1 to find the whereabouts of his daughter, he was insulted and rebuked. He was told that his daughter has been taken away to some other places by the petitioner No.1 for earning money. FIR was registered on such accounts. In conclusion of the investigation, charge sheet was filed under Section 363, 366 of the Indian Penal Code and the case was committed to the Court of Sessions, Nadia at Ranaghat and transferred to the Court of Additional Sessions Judge, Fast Track Court, Ranaghat for trial. It has been pleaded that the petitioner No.1 had married the daughter of the de facto complainant voluntarily and that there is no offence.
I am of the view that the aforesaid fact requires to be probabilied in the course of trial. Accordingly, I dispose of the petition giving liberty to the petitioner to agitate the issues canvassed herein at the appropriate stage of the proceeding in accordance with law.
With the aforesaid observations, the application is disposed of. 2 ( Joymalya Bagchi, J.)