Biplab Acharya v. State Of West Bengal & ANR

11-04-2022 Subha Item no.38 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction C.R.R 152 of 2013 In the matter of : Biplab Acharya .....petitioner. In Re : An application under Section 482 of the Code of Criminal Procedure.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ......for the State.

The revisional application was preferred challenging the proceedings arising out of Baranagar Police Station Case No. 128 of 2011 dated 28.03.2011 under Section 493/376/420 of the Indian Penal Code.

Mr. Arijit Ganguly, learned advocate appearing on behalf of the State draws the attention of this court to the statement of the victim. Prima facie, from the materials appearing in the statement under Section 164 of the Code of Criminal Procedure, it reflects that the consent was obtained by fraud and as such, the truth or falsity of the same cannot be ascertained without a full fledged trial. Thus, no interference is called for by this court.

Accordingly, the revisional application being CRR 152 of 2013 is dismissed.

All pending applications, if any, in connection with the revisional application, are consequently disposed of.

Interim order, if any, is hereby vacated.

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]