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Calcutta High CourtCRR/368/2015dismissed for default

Maya Roy & ANR v. State Of West Bengal And ANR

2025-03-18Hon'Ble Justice Chaitali Chatterjee (Das)3 pages

18.03.2025 Item No.19.

ssd CRR/368/2015 MAYA ROY & ANR.

VS STATE OF WEST BENGAL AND ANR.

IA NO: CRAN/1/2015(Old No:CRAN/1140/2015), CRAN/2/2015(Old No:CRAN/1702/2015) This is an application under Section 482 of the Cr. P.C. filed by the petitioners for quashing of the proceedings of G.R. Case No.4003 of 2014 which arose out of Siliguri Police Station Case No.1085 of 2014 dated 3rd December, 2014 under Sections 498A/494/379/354 of the Indian Penal Code and adding Sections 313/328 of the Indian Penal Code pending before the Additional Chief Judicial Magistrate, Siliguri.

The matter was taken up by the Coordinate Bench of this Court on 18.02.2015 when a direction was given to the petitioners to serve the copy of the revisional application upon the State and also opposite party no.2 and also there was a direction for stay of the proceedings of G.R. Case No.4003 of 2014 which arose out of Siliguri Police Station Case No.1085 of 2014 dated 3rd December, 2014 under Sections 498A/494/379/354 of the Indian Penal Code and adding Sections 313/328 of the Indian Penal Code pending before the Additional Chief

Judicial Magistrate, Siliguri for a period of two weeks after reopening of the Court after Summer Vacation. The matter thereafter appeared on 28.08.2015 and leave was granted to the petitioners to file supplementary affidavit.

On 1st July, 2022 the matter was taken up by the Hon'ble Court when the learned Advocate appeared on behalf of the petitioners and sought for an accommodation. One Ms. Ayantika Roy. Learned Advocate was requested to appear on behalf of the opposite/State and State was directed to submit a status report regarding the proceeding before the Trial Court.

On 13.07.2022 again prayer was made for an accommodation by the learner Advocate for the State to submit the status report and same was filed on 16.08.2022 when none appeared on behalf of the petitioners.

The status report reveals that the Trial Court has been proceed with.

After that two occasions the matter was listed when none appeared on behalf of the petitioners. Today also none is present.

The matter is pending since 2015 and is running in the Warning List since 20.02.2025. Considering the above facts and circumstances, this Court is of the view that there is

no reason to keep the matter pending further. Hence the same stands dismissed for default.

Let a copy of this order be forwarded to the learned Additional Chief Judicial Magistrate, Siliguri. (CHAITALI CHATTERJEE (DAS), J.)