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Calcutta High CourtCRR/741/2015dismissed

Khokan Mallick & ORS v. State Of West Bengal

2022-12-22Hon'Ble Justice Rai Chattopadhyay2 pages

22.12.2022 Court No.35 Item No. 22 I.T (p.a) CRR 741of 2015 Khokan Mallick & ors.

Vs.

State of West Bengal None appears on behalf of either of the parties. This matter is pending in the list since 21.11.2022 and has been called on each day of working of this court since that date. Inspite of that no one is appearing. The petitioner is found to be not interest in this case. Therefore, the same is taken up today for disposal on merit. In this revision the order dated 03.09.2014 and 29.01.2015 passed by the Ld. Additional Sessions Judge, Fast Track Court, at Basirhat, North 24-Paraganas are challenged. Those orders were passed in S.T. Case No. 08(09) 2021/ G.R. No.76/09 (The State of West Bengal -vs.- Khaleque Molla & Ors.) arising out of Sandeshkhali Police Station Case No.3/09 dated 03.01.2009 under Sections 147, 148,325,308,379 and 506 of the Indian Penal Code allowing the petitioner under Section 139 of the Code of Criminal Procedure filed by the prosecution by impleading the petitioner as accused in the case and a direction for issuance of summon upon them by fixing 12.11.2014 for their appearance.

In the said order the petition under Section 319 Cr.P.C, 1973 was allowed by the trial court of which the present petitioner is aggrieved of. They say that the order was based in no reason and surmises. They say the order is liable to be rejected.

On perusal of the entire materials available on record and the grounds made up by the petitioner 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 741 of 2015 is dismissed.

Certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all the requisite formalities. (Rai Chattopadhyay, J.)