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Calcutta High CourtCRR/844/2021dismissed

Saheb Mollick v. State Of West Bengal

2023-01-11Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.844 of 2021 D/L50 11.01.2023 Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Saheb Mollick

Versus

The State of West Bengal Mr. Swapan Banerjee, Mr. Suman De.

...for the State.

The revisional application was preferred challenging the order dated 29.09.2020 passed by the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum in connection with Mayureswar Police Station Case No.244 of 2019 dated 19.12.2019 under Sections 302/201 of the Indian Penal Code. The order dated 29.09.2020 reflects that on the prayer of the Investigating Officer, proclamation was issued against the present accused/petitioner. The revisional application appeared before this Court on 22.03.2021 and 24.03.2021. There has been no active participation and subsequent persuasion by the petitioner for challenging the nature of the process issued by the learned ACJM, Rampurhat, Birbhum.

As none appears on behalf of the State, Mr. Swapan Banerjee, learned advocate, who ordinarily appears on behalf of the State, is directed to represent the State. His appearance may be regularised by the concerned authorities.

Having considered the period of time which has elapsed

in the meantime and the gravity of the offence wherein charge-sheet has been submitted under Section 302 of the Indian Penal Code, I am of the opinion that no interference is called for at this belated stage.

Accordingly, the revisional application being CRR 844 of 2021 is dismissed.

Pending application, if any, is consequently dismissed. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)