Abhijit Bhattacharyya & ANR v. State Of West Bengal & ANR

27.07.2021 Item no.6 Ct. No.34 CHC C.R.R. No.204 of 2012 IA NO: CRAN/1/2012 (Old No: CRAN/1676/2012) (not in file) (Via Video Conference) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Abhijit Bhattacharyya & anr.

... petitioners Mr. Swapan Banerjee, Mr. Suman De ...for the State The present revisional application was preferred before this Court challenging the proceedings arising out of Ekbalpur Police Station Case No.180 of 2011, dated 26.07.2011, under Sections 120B/467/468/471/419/420 of the Indian Penal Code. The records of the revisional application reflect that on 12.04.2012 at the stage of admission of the revisional application, it was submitted on behalf of the learned lawyer appearing for the petitioners that there was no sanction granted at the time of cognizance being taken by the learned Magistrate. Having regard to the position of law which has been settled by the Hon'ble Supreme Court in case of P. K. Pradhan vs. State of Sikkim reported in (2001) 6 SCC 704 that sanction can be granted even at the stage of delivery of judgement by the trial

court, I am of the view that the points so canvassed in the revisional application is not worth to be interfered with. Accordingly, C.R.R.204 of 2012 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)