Santi Ranjan Das v. State Of West Bengal & ORS

06.07.2022

IN THE HIGH COURT AT CALCUTTA

Item No.54 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 169 of 2010 Santi Ranjan Das versus The State of West Bengal & Ors.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

Ms. Faria Hossain, Ms. Baisali Basu ... For the State.

None appears for the petitioner.

Ms. Faria Hossain, learned advocate appears on behalf of the State. Her appointment should be regularised by the concerned authorities.

Learned advocate for the State draws the attention of the Court to the judgement and order dated 21.10.2009 passed by learned Judicial Magistrate, 2nd Court, Alipore. Records reflect that the case was initiated in the year 1984 and the alleged offences for which charges were framed, were under Sections 447/323/324 of the Indian Penal Code. Learned trial court scanned the evidence of the two witnesses relied upon by the prosecution and thereafter observed that the subject matter of the case was registered in view of the long standing dispute between the parties over the properties. It was specifically observed that the civil dispute in this case leaves a room for doubt regarding false implication of the accused persons and on an overall appreciation of the facts, acquitted the accused persons.

I have appreciated the reasons assigned by the learned Judicial Magistrate and also considered the limited scope of interference in the revisional jurisdiction. Needless to state that there is no manifest error or illegality which calls for this Court to interfere with the findings of the learned Judicial Magistrate.

Accordingly, the revisional application being CRR 169 of 2010 is dismissed.

All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)