Dr Kalyan Banerjee v. State Of West Bengal

23.02.2023

IN THE HIGH COURT AT CALCUTTA

Item No.12 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1022 of 2021 Dr. Kalyan Banerjee versus The State of West Bengal In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Milon Mukherjee, Sr. Adv., Mr. Biswajit Manna ... For the Petitioner.

Mr. Madhusudan Sur, Mr. Dipankar Paramanick ... For the State.

The records of the case reflect that the present petitioner is more than 80 years old, a medical practitioner and a responsible citizen who was embroiled in an issue relating to parking car with a learned Judicial Magistrate in and around the locality. Having considered the professional involvement of the accused and the complainant and both of whom are serving for the mankind, I am of the opinion that the case should not be allowed to continue for the betterment of justice.

Mr. Mukherjee, learned senior advocate appearing for the petitioner has filed supplementary affidavit which reflects that an amount of Rs.50,000/- (Rupees fifty thousand) has been deposited with the District Legal Services Authority, Paschim Bardhaman. Let the said affidavit be kept with the record.

Having considered the approach shown by the present petitioner who has been implicated in connection with

Asansol (South) Police Station Case No. 80/2017 dated 27.02.2017 under Sections 341/419/186/506/353 of the Indian Penal Code wherein charge-sheet has been filed after completion of investigation, further proceedings in the case may not be allowed to continue.

The amount so deposited be treated as cost of good behaviour bond.

The petitioner undertakes not to pursue any other litigation against the complainant before any forum. The complainant is also requested not to pursue the criminal case any further which reflects an action at the spur of the moment.

After assessing the overall scenario which would not be commensurate with the involvement of the complainant and the accused in the society, I am of the opinion that further continuance of the proceedings is unwarranted and as such, all further proceedings arising out of Asansol (South) Police Station Case No. 80/2017 dated 27.02.2017 under Sections 341/419/186/506/353 of the Indian Penal Code including the charge-sheet filed therein are hereby quashed. Since this Court has quashed the proceedings, the petitioner may be discharged from the bail bond. Accordingly, the revisional application being CRR 1022 of 2021 is allowed.

All pending connected 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.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)