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2026 DAILYLAW 32627 (CAL)

DHRUBA RANJAN CHAKRABORTY v. STATE OF WEST BENGAL AND ANR

CRR/1330/2026 · 2026-08-21

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23. Ct.29 CRR 1330 of 2026 20.08.2026 Bd. Sri Dhruba Ranjan Chakraborty -vs- The State of West Bengal & Anr. Mr. Dipanjan Chatterjee Mr. Dibyendu Bhattacharya Mr. Prateep Bera Ms. Kakan Das Ms. Rimpa Adhikari … for the petitioner Mr. Sagar Saha Ms. Nayana Mukhopadhyay … for the State. Private opposite party is not represented. Status report filed on behalf the State dated 31.07.2026 is taken on record. In this application petitioner has prayed for quashment of the proceeding being Special Court Case No. 50 of 2021 presently pending before learned 1st Additional District & Sessions Judge, Howrah. Petitioner is aggrieved with the said proceeding on various reasons including the ground that the alleged victim had love affair with the petitioner for about eight years and during the course of such relationship they had cohabited on several occasions which was entirely consensual in nature. Therefore, sexual intercourse in the course of a relationship between the petitioner and the opposite party no. 2, which continued for eight years cannot constitute the offence of rape. However, I am informed by learned counsel appearing on behalf of the State through Investigating Officer that trial has 2 reached at the stage of examination of accused under section 313 Cr. P.C. and the next date is fixed on 05.09.2026. In such view of the matter, the instant application is disposed of with a direction upon the court below to conclude the examination of the accused person under section 313 Cr.P.C. on the next date i.e., on 05.09.2026 or within a period of two weeks thereafter and then he will make his best endeavour to deliver judgment preferably within a period of three months thereafter, upon hearing arguments on behalf of the parties, (if any). However, it is made clear, that I have not gone into the merits of the case and Court below will decide the case in accordance with law, without being influenced by any observation made herein. Personal appearance of the Investigating Officer is dispensed with. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)