Calcutta High Court (Appellete Side)
Niranjan Dolai & Ors vs The State Of West Bengal on 3 September, 2013
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 03.09.2013(35)
(ap) C.R.R. No. 862 of 2011 Niranjan Dolai & Ors.
- Versus -
The State of West Bengal Re: An application under Sections 401 & 482 of the Code of Criminal Procedure filed on 15.03.2011 None appears on behalf of the petitioners when the matter is called on.
Report has been sent from the Learned Sessions Judge, 3rd Court, Paschim Medinipur given his comments as to why the trial proceeding was stalled in the instant matter. Such report is considered and observed that as the order of stay passed by this Court was for a limited period of time, the learned Trial Judge ought to have proceeded in the matter on expiry of such period as no further order or extension of such stay was communicated to him.
Be that as it may, this revisional application is directed against the order dated 21.2.2011 passed by the learned Assistant Sessions Judge, 3rd Court, Paschim Medinipur in S.T. Case No.XXVIII/March, 2009 arising out of Keshpur Police Station Case No.61/06 under Sections 493/376/417 of the Indian Penal Code.
The fact of the matter is that one Ahendra Dolai cohabited with the de facto complainant of the case under force. Thereafter when she protested he promised to marry her. Subsequently, Ahendra Dolai reneged on such promise. The victim became pregnant and gave birth to a male child. The petitioners filed an application for discharge on the premise that they have been falsely implicated in the instant case. 1 2 I am of the opinion that at the stage of framing of charge strong suspicion is sufficient to frame charge against an accused. Prima facie there are allegations against the petitioners implicating them in the alleged crime. I am, therefore, not inclined to interfere with the impugned order rejecting the prayer for discharge. The learned Trial Judge is directed to proceed with the matter in accordance with law. Office is directed to send a copy of this order to the Trial Court for necessary action.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.
(Joymalya Bagchi, J.) 2 3 3 4 4