Gora Chand Pal v. Bimal Deb Mondal & ANR

01.5.2023 SB Ct. No.236 CRR 383 of 2012 In the matter of : Gora Chand Pal Mr. Arijit Ganguly Mr. Sandip Chakraborty ... for the State Despite service of notice none is appearing on behalf of the petitioner or the opposite party no. 1.

Mr. Chakraborty, learned counsel is appearing on behalf of the State.

The matter is pending for more than ten years. I do not find any reason to adjourn the matter suo moto, rather I am inclined to dispose of the matter on merit based on materials available with the record.

Briefly stated that, one Sri Bimaldeb Mondal set the criminal proceeding into motion by filing the petition of complaint before the learned Chief Judicial Magistrate, Purba Medinipur alleging inter alia that on 17.8.10 and 05.5.2011 the accused persons wrongfully gained a sum of Rs.4,71,72,545/- by forming one NGO styled as G.D. Indian Group. The object of the said group was to appoint self help group to supply different food products to the customers at a reasonable price and being attracted by such proclamation published in Delhi Newspapers in the form of advertisement, the informant got attracted and deposited money seeking franchise or dealership, many other businessmen also followed his suit but ultimately those persons fled away misappropriating the money

collected from the willing businessmen. The petition of complaint was forwarded to the jurisdictional P.S. under Section 156(3) of the Code of Criminal Procedure and Panskura P.S. Case No. 287/11 dated 24.9.2011 was registered under Sections 420/406/120B of the Indian Penal Code. Police took up investigation which culminated into submission of charge sheet under Sections 420/406/120B of the Indian Penal Code.

Under such facts and circumstances of the case, I am not inclined to invoke the provision of Section 482 of Cr.P.C. The revisional application is dismissed.

There shall be no order as to costs.

The interim order, if any, stands vacated.

Let a copy of the order be sent to the learned Chief Judicial Magistrate, Purba Medinipur for information and necessary action. (Siddhartha Roy Chowdhury, J.)