Calcutta High Court (Appellete Side)Anshuman Sarkar vs Unknown on 1 April, 2022Author:Jay SenguptaBench:Jay SenguptaCourt No.39CRR 672 of 2021\nItem 32\n tbsr\n                  In the matter of:- Anshuman Sarkar\n01.04.2022              Mr. Milon Mukherjee\n                  Mr. Pratim Dasgupta\n                  Mr. Amit Dey\n                               .....for the petitioner\n\n                  Ms. Zareen Khan\n                  Ms. Sreeparna Das\n                                .....for the StateThis is an application for quashing of a proceeding\n\n            in which a charge sheet was submitted under Sections\n\n            363 and 365 of the Penal Code.Affidavit of service filed on behalf of the petitioner\n\n            is taken on record.Despite service, no one appears on behalf of the\n\n            private opposite party although the State is represented.Learned senior counsel appearing on behalf of the\n\n            petitioner submits as follows. It appears from the victim's\n\n            statement that her grandfather slapped her after holding\n\n            her hair and to save herself from him, she fled to her\n\n            friend's house. No prima facie case is made out as would\n\n            be evident from a plain reading of the FIR. Any further\n\n            continuation of the impugned proceeding shall be an\n\n            abuse of the process of the Court.Learned counsel for the State produces the case\n\n            diary and submits as follow.           First, the victim girl had\n\n            refused to undergo medical examination. After few days\n\n            she did undergo physical medical examination.                She2stated the same thing during the examination as she said\n\nin the statement under Section 164 of the Code that on\n\nbeing beaten up at her home, she left for her friend's\n\nhouse at Salt Lake. There she stayed for four days and\n\nwas recovered by the police. There is no external injury\n\nmentioned in the medical report. Furthermore, there is\n\nno statement of witnesses available in the case diary to\n\nsupport the contention that the accused might have\n\nkidnapped the girl.Let this matter appear under the heading "For\n\nOrders" after three weeks.The State shall produce the case diary on the next\n\ndate.The impugned proceeding shall remain stayed for a\n\nperiod of six weeks from this date.The parties shall be at liberty to pray for extension\n\nor modification or vacating of the interim order upon\n\nnotice to other side.The petitioner shall communicate a gist of this\n\norder on the private opposite party by speed post with\n\nacknowledgment due, within a week. An affidavit of\n\nservice to that effect shall be filed on the next date.Learned   counsel     for    the     State    shall    also\n\ncommunicate       a   gist   of   this     order,    through   the\n\ninvestigating officer of the case, upon the opposite party\n\nno.2 within a week. A report to that effect shall be filed3on the next date.Urgent photostat certified copies of this order may\n\nbe delivered to the learned Advocates for the parties, if\n\napplied for, upon compliance of all formalities.(Jay Sengupta, J.)