Biplab Kr Chodhowry v. State Of West Bengal & ANR

CRR 479 of 2016 Court No. 33 Item 49 sk 17.8.2022 Biplab Kr. Chowdhury-vs- State of West Bengal & Ors. An application under Section 482 of the Code of Criminal Procedure.

Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ....for the State.

None appears on behalf of the petitioner.

The petitioner has preferred the present revisional application for quashing of proceeding in G.R. Case No. 4065 of 2013 (arising out of Airport Police Station Case No. 252 of 2013 dated 25th August, 2013) under Sections 341/323 of the Indian Penal Code pending before the Judicial Magistrate, 3rd Court, Barrackpore, North-24 Parganas.

The factual matrix of the case is that the opposite party no. 2 lodged a written complaint to the effect that in the morning of 25.8.2013, the petitioner along with others attacked him, as a result of which he sustained several injuries and was treated at hospital. On such basis the FIR came to be registered against the petitioner and some unknown persons. Upon completion of investigation, chargesheet has been submitted against the petitioner under Sections 341/323 of the Indian Penal Code.

Being aggrieved by and dissatisfied with the said proceeding, the petitioner has preferred the present revisional application.

Mr. Arijit Ganguly, learned advocate appearing on

behalf of the State submits status report. The status report is taken on record. He submits that upon completion of investigation, the Police has submitted charge-sheet and the case has been scheduled for evidence on 18.3.2023 and as such the revisional application is liable to be dismissed. It appears that upon completion of investigation and on the basis of prima facie materials the investigating agency submitted charge-sheet under Sections 341/323 of the Indian Penal Code against the petitioner. The report also reveals of such fact.

In the light of aforesaid materials the proceedings initiated against the petitioner does not call for interference. Accordingly, the present revisional application stands dismissed.

However, it is made clear that above observation is made for the sake of the disposal of the application and shall not have bearing on the rights and contentions of the petitioners before the trial court.

All connected applications stand disposed of. Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Bivas Pattanayak, J.)