Sipra Chatterjee@Sipra Acharjee v. State Of West Bengal And ORS

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri IA No.: CRAN/1/2022 in CRR 932 of 2022 Sipra Chatterjee @ Sipra Acharjee Vs.

The State of West Bengal & Ors.

For the State :

Mr. Ranabir Ray Choudhury, Adv., Mr. Mainak Gupta, Adv.

For the O. P. No. 2 :

Mr. Malay Bhattacharyya, Adv., Mr. Subhrajyoti Ghosh, Adv.

Judgement on :

03.11.2022.

Bibek Chaudhuri, J.

This is an application filed on behalf of the accused/opposite party no. 2 praying for vacating of the order dated 28th March, 2022 staying of further proceedings in connection with POCSO Case No. 13/2018 pending before the Learned Additional Sessions Judge at Bishnupur.

No one appears on behalf of the de facto complainant/petitioner of CRR 932/2022. Mr. Malay Bhattacharyya, Learned Advocate on behalf of the opposite party no. 2 is present. Learned Public Prosecutor-in-Charge is also present.

Having heard the Learned Advocates and on perusal of the entire materials-on-record it is ascertained that the de facto complainant filed the revision challenging an order passed by the Learned Trial Judge rejecting an application under Section 311 of the Code of Criminal Procedure.

It is submitted by the Learned Public Prosecutor-in-Charge as well as the Learned Advocate for the opposite party no. 2 that POCSO Case No. 13/2018 was disposed of by the Learned Trial Judge passing an order of acquittal in favour of the opposite party no. 2. The de facto complainant has filed an appeal in this Court against the said judgment of acquittal. Therefore, the instant revision becomes infructuous. So the application.

As POCSO Case No. 13/2018 has already been disposed of, issue of rejection of an application under Section 311 of the Code of Criminal Procedure becomes infructuous.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 16.