Rafik Ali Mondal v. State Of West Bengal

13.02.2023 S/L No.39 KS C.R.R. 1032 of 2021 Rafik Ali Mondal -Vs.- The State of West Bengal Mr. S. Chakraborty .....For the Petitioner Mr. Arijit Ganguly Mr. Koushik Kundu .....For the State [ The present revisional application was preferred challenging the proceedings of Special Case No.112 of 2020 pending before the learned Special Judge under POCSO Act (Additional District & Sessions Judge), 2nd Court, North 24 Parganas in connection with Amdanga Police Station Case No.763/2020 dated 15.11.2020 under Sections 376(2)(f)/ 376AB of the Indian Penal Code and Section 6 of the POCSO Act.

As none appeared on behalf of the State, Mr. Arijit Ganguly, learned advocate who ordinarily represents on behalf of the State is directed to represent the case on behalf of the State. His appointment may be regularized by the concerned authorities. He is entitled to engage a junior of his choice. The petitioner approached this Court in respect of the proceeding which commenced in the year 2020.

Having considered the observations made by the Hon'ble Division Bench, I am of the opinion that in a case where anticipatory bail has been rejected, it would not be fit and proper to invoke the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973.

Accordingly, C.R.R. 1032 of 2021 is dismissed. Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)