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Calcutta High CourtCRR/778/2016dismissed

Kalimuddin Shams @ Md Kalimuddin & ORS v. State Of West Bengal & ANR

2023-03-14Hon'Ble Justice Rai Chattopadhyay2 pages

14.03.2023 Court No.35 Item No. 49 D.Hira CRR 778 of 2016 Kalimuddin Shams @ Md. Kalimuddin & Ors.

Vs.

The State of West Bengal & Anr.

None appears on behalf of either of the parties. This matter is pending in the list since 11.01.2023 and has been called on each day of working of this Court since that date. In spite of that no one is appearing. The petitioners are found to be not interest in this case. Therefore, the same is taken up today for disposal on merit. In this case the petitioners have sought for an order to quash the proceedings being T.R. 357 of 2012, arising out of Beniapukur Police Station Case No. 48 of 2011 dated 19.02.2011 under Sections 498A/406/120B of the Indian Penal Code, pending in the Court of Judicial Magistrate, 2nd Court, Sealdah.

The petitioners have pleaded that the proceedings is only an abuse of the process of Court in so far as there is no cognizable offence pleaded against him or transpiring of any of the materials. He has prayed for quashing of the same.

On perusal of the entire materials available on record and the grounds made up by the petitioners I am constrained to find that the grounds thereof are not sufficient and cogent enough to warrant this Court's interference into the impugned order. Hence, in my considered opinion the revision is liable to be dismissed. Criminal Revision being CRR 778 of 2016 is dismissed. All pending applications, if any, are consequently disposed of.

Certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all the requisite formalities. ----X---- by RAI CHATTOPADHY AY Date: 2023.03.14 16:28:59 +05'30'

RAI CHATTOP ADHYAY (Rai Chattopadhyay, J.)