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Calcutta High Court refuses to quash case against Magistrate accused of raping litigant-woman on pretext of marriage

In the instant case, the judge said, charge-sheet has been filed and cognizance has been taken by the Magistrate concerned, the committal proceedings have not yet taken place, and some of the offences attracted in this case are exclusively triable by the Sessions Court.

“In the present case, there is substance in the allegations and material exists to prima facie make out the complicity of the applicant/petitioner in a cognizable offence, which is triable by a court of sessions and as such the proceedings in this case should not be quashed and this is a fit case where the inherent powers of the Court should not be exercised,” the bench opined.

The bench, therefore, dismissed the petition.

Source: Barandbench

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