Lala Mallick & ORS v. Sahajada Mallick

28.03.2023 Court No.35 Item No. 2 D.Hira CRR 698 of 2015 Lala Mallick & Ors.

Vs.

Sahajada Mallick Mr. Biswajit Manna.

... for the petitioners Since this case is pertaining to the year 2015 and pending in the list for a considerable period of time, the same is taken up for disposal. Mr.Manna, learned Advocate appears for the petitioners and submits that the proceedings being C.R. Case No. 932 of 2009 under Sections 148/449/342/304/302/120B of the Indian Penal Code, pending before the Judicial Magistrate, 4th Court at Paschim Midnapore has been challenged by the petitioners , on the ground that the record would not actually reveal any cognizable offence against them. He submits that to proceed against the petitioners would be an abuse of the process of court.

It is learnt that previously opposite party has been served with the copy of the petition.

Considered the submissions and materials available on record. The grounds pleaded by the petitioners do not appear to be cogent and tangible enough to warrant interference of this Court in exercise of its power under Section 482 of the Code of Criminal Procedure. Under such circumstances, this revision is disposed of without interference as to the impugned proceedings.

However, it is made clear that the petitioners shall be at liberty to espouse all the points canvassed in this case before the Trial Court as

and when necessary.

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--- RAI CHATTOPADH YAY CHATTOPADHYAY Date: 2023.03.28 16:01:24 +05'30'

(Rai Chattopadhyay, J.)