Calcutta High CourtCRR/129/2020dismissed for non prosecution

Sekh Giasuddin @ Giasuddin v. State Of West Bengal& ANR

2022-11-29Hon'Ble Justice Shampa Dutt (Paul)2 pages

29.11.2022 Ct. 30 Sd./25 CRR 129 of 2020 Mr. B. Bhattacharrya ..For the petitioner. Mr. Kunal Ganguly ..For the O.P. No. 2.

The present revisional application is heard in presence of the petitioner and the opposite party no. 2. The petitioner herein is not an accused in the complaint case pending before the trial court.

Learned counsel for the petitioner submits that his brother has lost his mental stability and is untraceable in the stage of his examination under section 313 of the Cr.P.C wherein he is the sole accused before the trial court and the police is harassing the petitioner. The petitioner has come before this court praying for quashing the proceeding in which he is not a party. Considering the said fact and the written instruction filed by the counsel for the petitioner that the petitioner does not wish to proceed with this case, the present case being not maintainable stands dismissed for non-prosecution.

All connected applications stand disposed of.

Interim order, if any, stands vacated.

Let a copy of this order be sent to the learned trial court for information and compliance.

( Shampa Dutt (Paul), J. )