Abhisek Ghosh & ANR v. State Of West Bengal & ANR

15.07.2021

IN THE HIGH COURT AT CALCUTTA

Item No.34 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1083 of 2012 (Via Video Conference) Abhisek Ghosh & Anr.

versus The State of West Bengal & Anr.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure.

The present revisional application was preferred in connection with Complaint Case No. C/434/2011 then pending before the learned Additional Chief Judicial Magistrate, Barrackpore. Records reflect that such case was started under Sections 406/506/34 of the Indian Penal Code. The petitioners approached this Court at the very inception when cognizance of the offence was taken by the learned Magistrate.

The records of the revisional application reflect that on 25.04.2012, a co-ordinate Bench of this Court was pleased to refuse any interim order.

As this Court has not been apprised regarding the present stage of the proceedings before the learned Additional Chief Judicial Magistrate, Barrackpore, I am of the view that a belated interference by this Court may prejudice either of the parties. In case, the proceedings are still pending, the petitioners would be at liberty to agitate the points canvassed in this revisional application at the time of final arguments of the criminal case.

With the aforesaid observations, CRR 1083 of 2012 is disposed of.

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

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