Amal Kumar Saha & ANR v. Arka Pratim Chaudhury & ANR

10.09.2021 tkm/ct 29 sl no. 5 C.R.R. No. 375 of 2010 (Via video conference) In Re : Amal Saha & Anr.

.....petitioners Mr. Rana Mukherjee Mr. Pravas Bhattacharya ............. for the State The matter is fixed today for hearing as "Contested Application".

Mr. Rana Mukherjee and Mr. Pravas Bhattacharya, learned advocates appear for the State. Concerned authority is requested to regularize their appointment in the matter.

None appears for the petitioner.

Affidavit of service upon the opposite party is not fond in the case record.

Matter is taken up for consideration on merit. The petitioner herein sought for quashing of the charge sheet being no. 247 of 2007 dated 31.5.2007 submitted against the petitioner under section 341/323 read with section 34 IPC arising out FIR no. 119 dated 24.2.2007 of Barasat P.S, North 24 Parganas pending before the court of learned Chief Judicial Magistrate at Barasat. It appears that the investigating officer submitted charge sheet against the petitioner after full investigation. There has been inordinate delay at the instance of the present petitioner in filing the present petition. The petitioner cannot stall criminal trial for indefinite

period. I find no material in his contention for quashing the charge sheet.

Hence the criminal revision under section 482 read with 401 CR.P.C is dismissed on merit. Stay of further proceeding in GR case no. 332 of 2007 pending before the learned Chief Judicial Magistrate, Barasat only for 12 weeks from 10.2.2010 does not exist any further.

Let copy of this order be sent to the court of learned Chief Judicial Magistrate, Barasat for information with a request for proceeding with trial of GR case no. 332 of 2007 in accordance with law.

Urgent photostat certified copy of this order be given to the parties upon compliance of requisite formalities. (Ananda Kumar Mukherjee, J.)