Soumitra Chakraborty v. State Of West Bengal & ANR.

Sr.38 31-08-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 928 of 2012 In the matter of : Soumitra Chakraborty. .....petitioner. In Re : An application under Section 482 of the Code of Criminal Procedure.

Mr. Bidyut Kumar Roy Ms. Manisha Sharma ....for the State.

Mr. Bidyut Kumar Roy, learned advocate appearing for the State along with Ms. Manisha Sharma, learned advocate for the State has submitted a report which has been forwarded by the Inspector-in-Charge, Dinhata Police Station, Cooch Behar. The report reflects that the matter has been pending for necessary permission from this court for filing of the charge-sheet.

Having regard to the fact that on 18th April, 2012 a co-ordinate Bench of this court was pleased to direct the Investigating Agency to complete the investigation but not to

submit a report without the leave of the court, I am of the view that the said order should not be allowed to continue. The report reflects that the Investigating Agency has taken the case for investigation and was awaiting an order from this court.

Having regard to the fact that the Investigating Agency is in the midst of investigation and is at the verge of completion, I am of the view that the earlier order so passed be vacated.

The Investigating Officer is granted leave to file report under Section 173 of the Code of Criminal Procedure and to take necessary steps as prayed for before the jurisdictional court.

As none appears for the petitioner to pursue the revisional application, I am of the view that the matter need not be pending before this court and the police authorities are allowed to continue and conclude the investigation. Accordingly, the revisional application being CRR 928 of 2012 is disposed of.

All pending applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

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