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Calcutta High CourtCRR/501/2020dismissed for default

Eid Mohamad @Edu Khan@Pir & ORS v. State Of West Bengal & ANR

2022-07-20Honble Justice Ananda Kumar Mukherjee2 pages

20.7.2022 S.D.

32.

C.R.R. 501 of 2020 Eid Mohammad @ Edu Khan @ Pir & Ors.

Vs.

The State of West Bengal & Anr.

The revisional application is listed today for submission of report by the Registrar Administration (L & OM) regarding service upon the petitioners and opposite parties and also for hearing. On call, none appears for the petitioners and for the opposite parties.

Report dated 13.7.2022 is submitted by learned Registrar Administration (L & OM) informing that notice has been served upon the petitioners and delivery is confirmed. The report is taken on record. Petitioners filed this application under Section 482 of the Cr.P.C. praying for quashing of proceeding in Md. Bazar Police Station Case No. 197 of 2019 under Section 498A/326/307 of the IPC and adding Section 302 and 304B of the IPC corresponding to G.R. Case No. 951 of 2019 pending before learned Additional Chief Judicial Magistrate, Suri. Petitioners are not represented in any manner. On perusal of the certified copy of the order passed in the Court of learned Additional Chief Judicial Magistrate, I find that Charge Sheet No. 250 of 2019 has been submitted under Section 498A/304B of the IPC against the petitioners.

Considering the nature and gravity of the offence and fact that cognizance has already been taken by the learned Magistrate and also of the fact that nobody is representing the petitioners for the purpose of quashing of the proceeding, the revisional application is dismissed for default.

Interim order, if any, stands vacated.

Let a copy of this order be communicated to learned Additional Chief Judicial Magistrate, Suri to expedite the commitment of the case, if not already committed to the Court of Sessions. (Ananda Kumar Mukherjee, J.)