Rathin Chakraborty & ORS v. State Of West Bengal & ANR

Sr. 13 09-07-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 391 of 2018 In Re : Rathin Chakraborty & Ors.

........Petitioners.

In the matter of : An application under Section 482 of the Code of Criminal Procedure.

Mr. Arijit Ganguly, Adv., Mr. Sandip Sanjib Kumar Dan, Adv., ....for the State.

None appears for the parties.

Mr. Arijit Ganguly, learned advocate along with Mr. Sanjib Kumar Dan, learned advocate who are present in court and who ordinarily appears on behalf of the State are directed to appear on behalf of the State. Department is directed to regularize their appointments in due course.

Learned advocate appearing for the State submits that the present revisional application was filed under Section 482 of the Code of Criminal Procedure for quashing of the investigational proceedings arising out of Uttarpara Police Station Case No. 1012 of 2017 dated 14.12.2017 under

Sections 147/148/447/448/354B/323/325/326/380/452/ 427/504/506/120B of the Indian Penal Code.

Learned advocate for the State further submits that there are allegations of offences committed against a woman and the same requires to be unearthed by way of investigation. He also submits that the Hon'ble Apex Court has repeatedly pronounced that in rarest of rare cases, the High Court should interfere at the stage of investigation. I have perused the records and I find that the application under Section 156(3) of the Code of Criminal Procedure was filed at the instance of the opposite party no. 2, pursuant to which the present case was registered for investigation under Sections 147/148/447/448/354B/323/ 325/326/380/452/427/504/506/120B of the Indian Penal Code Having regard to the stage of the case and the allegations made in the First Information Report, I am of the view that no interference is called for at this stage. Accordingly, the present revisional application being CRR 391 of 2018 is dismissed.

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

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