Arun Kumar Bhattacharyya & ANR v. State Of West Bengal & ANR

18.04. 2022 item No.46 n.b.

ct. no. 34 CRR 429 of 2013 + IA No. CRAN 6 of 2016(Old No. CRAN 786 of 2016) Mr. Arun Kumar Bhattacharyya & Anr.

Vs.

State of West Bengal & Anr.

The present revisional application has been preferred challenging the proceedings being Cr. Case No. 782 of 2012 under Sections 323/380/427/448/451 of the Indian Penal Code pending before the learned Judicial Magistrate, 5th Court Burdwan. Records of the revisional applications reflects that the interim order was lastly extended on January 5, 2016 and the same was for a period of eight weeks. The revisional application is pending since then and no information has been furnished to this Court regarding the manner in which the Trial Court is progressing with the Trial of the Case.

Having regard to the stage at which the petitioner approached this Court, immediately after the process was issued by the learned Magistrate, I am of the opinion that opportunity must be granted to the complainant to adduce its evidence. The petitioners would be at liberty to canvass their grievance at the stage of consideration of the charges. No interference is called for at this stage so far as the merits of the complaint is concerned. Consequently, CRR 429 of 2013 is dismissed.

All pending connected applications, if any, are consequently dismissed.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)