Sandhya Das v. State Of West Bengal & ANR.

16.08.2021

IN THE HIGH COURT AT CALCUTTA

Item No.1 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 473 of 2012 (Via Video Conference) Smt. Sandhya Das versus The State of West Bengal & Anr.

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

Mr. Gouranga Kumar Das ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

The Inspector-in-Charge, Kakdwip Police Station has submitted a report through the learned Public Prosecutor, High Court, Calcutta. The report dated 15.08.2021 be kept with the record.

The said report reflects that trial was faced by only one of the accused viz., Narayan Das and after the sessions case was split up against the present petitioner, the trial proceeded and finally the accused Narayan Das was acquitted from the charges.

The present revisional application has been preferred for quashing of the proceedings on the grounds that as the acquitted accused Narayan Das and the present petitioner Sandhya Das are on the same footing on the basis of the evidence available on records, the proceedings against the present petitioner may be quashed.

Records reflect that charge-sheet was submitted under Sections 363/34 of the Indian Penal Code along with Sections 372/376 of the Indian Penal Code. The settled principles of law do not demand that on the basis of the evidence which has been adduced in respect of another accused who has been facing the trial, the same benefit may be extended to an absconding accused. Having regard to the same, I am of the view that the points canvassed in the revisional application are premature and cannot be adjudicated by this Court at this stage.

Accordingly, the revisional application being CRR 473 of 2012 is dismissed.

Interim order, if any, is hereby vacated.

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

The Inspector-in-Charge, Kakdwip Police Station is present in Court. His further appearance is dispensed with. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)