Delowar Sekh v. State Of West Bengal & ORS.

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 11-03-2022 Subha Item-30 Ct -.34 C.R.R 633 of 2019 In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Delowar Sekh

...Petitioner.

Mr. Imtiaz Ahmed Mr. Md. A Zaki Ms. Arunima Mukhopadhyay Mr. D. Roy Mr. Faisal Ahmed Mr. Sk. Selim Malik ......for the Petitioner.

Mr. S. G. Mukherji, ld. PP Mrs. Debjani Sahu ......for the State.

The petitioner approached this court for quashing of the proceedings in respect of Sahebganj P. S. Case No. 205 of 2018 dated May 8, 2018 under Section 365 of the Indian Penal Code. Mr. Mukherji, learned Public Prosecutor produces the case diary and draws the attention of this court to the alleged victim girl namely, one Sima Karjee which reflects that she is around 25 years of age and has married the present petitioner, who has been accused of the offence. A child has also been born out of the said wedlock.

The report of the SI of Police, Sahebganj P. S., District - Cooch Behar dated 22nd February, 2022 submitted before this court through the learned advocate for the State be kept with the

record.

Report also reflects that the Investigating Officer on or about 31.01.2022 filed the report under Section 173 of the Code of Criminal Procedure with the opinion that case has been concluded to be as "mistake of fact" with a prayer for discharge in respect of the FIR named accused persons.

In view of the aforesaid, the present revisional application has become infructuous.

Accordingly, the present revisional application CRR 633 of 2019 is disposed of.

All pending applications, if any, in connection with the revisional application, are consequently disposed of. Interim order, if any is, hereby, vacated.

All concerned parties are to act in terms of a website copy of this order duly downloaded from the official website of this court. ( Tirthankar Ghosh, J. )

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