Calcutta High Court (Appellete Side)
Vivek Philip Mendes vs The State Of West Bengal & Anr on 5 September, 2018
Author: Shivakant Prasad
Bench: Shivakant Prasad
1 05.09.2018
. C.R.R. No. 1958 of 2018
rc.
In the matter of: Vivek Philip Mendes
...Petitioner.
-Versus
The State of West Bengal & Anr.
Mr. Rajdeep Majumder
Mr. Moyukh Mukherjee
Mrs. Kriti Mehrotra ... for the petitioner
Mr. Abhishek Sinha ...for the State
None appears on behalf of the opposite party no. 2 inspite of service. Affidavit of service filed in court be kept with the record.
The petitioner is pilot in Indigo Airlines. The Opposite Party No. 2 was a former Cabin Crew of the same airlines, i.e. Indigo Airlines and presently she is working in Go Air as Cabin Crew. Opposite Party no. 2 lodged a complaint to the effect that she had physical relationship with the petitioner in Hotel Hyat in 2016 many times and she was into such relationship since 2016 and that she permitted the physical relationship on the promise by the petitioner to marry her but presently he has denied and for that a Women Police Sation case was started and on completion of investigation a charge sheet has been submitted. Now the petitioner has prayed for quashing of the proceeding pending in the court of the learned Chief Judicial Magistrate, Howrah.
I have heard learned advocate for the petitioner and learned advocate for the State who has enlighten me in respect of the materials placed in the Case Diary, in particular, the statement made by the Opposite Party No. 2, the victim. 2 Since she was a Crew Member working in Indigo, she had sufficient intelligence to understand whether the promise given to her was true promise or not. Therefore, she is equally responsible for allowing her chaste to be defiled.
In the context above, let there be an interim order of stay of all further proceedings pending in the Court of learned Chief Judicial Magistrate, Howrah for a period of six weeks after ensuing Puja Vacation.
List this matter after six weeks after ensuing Puja Vacation. Urgent xerox certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Shivakant Prasad, J.)