Tapan Kumar Mitra & ANR v. Block Land & Land Reforms Officer

11.04.2022

IN THE HIGH COURT AT CALCUTTA

Item No.42 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 205 of 2013 Tapan Kumar Mitra & Anr.

versus Block Land & Land Reforms Officer, Basirhat, Block-I & Anr.

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

Mrs. Anasuya Sinha, Mr. Pinak Kumar Mitra ... For the State.

The present revisional application has been preferred challenging the order dated 13.12.2012 passed by learned Additional Sessions Judge, Basirhat in Criminal Revision No. 12 of 2011. The subject matter of the case relates to Basirhat Police Station Case No. 68 dated 06.04.2002 under Section 4D read with Section 4B(2) of the West Bengal Land Reforms Act, 1955.

The present petitioners prayed for an application for discharge before the learned Judicial Magistrate, 1st Additional Court, Basirhat. By an order dated 10.03.2011, the learned Magistrate was pleased to reject the prayer for discharge. Learned sessions court on an appreciation of the materials appearing in the case records, was pleased to hold that prima facie a case for trial has been made out for charges and offences punishable under Section 4D read with Section 4B(2) of the West Bengal Land Reforms Act, 1955. I find that the learned sessions court being the revisional court has assigned reasons for arriving at its

conclusion. Having regard to the grounds so assigned by the learned Magistrate as well as the learned sessions court and no question of law being involved, I am of the opinion that there is no scope for interference in the impugned proceedings.

Accordingly, the revisional application being CRR 205 of 2013 is dismissed.

Interim order, if any, is hereby vacated.

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.)