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Calcutta High CourtCRR/830/2015dismissed

Avijit Chatterjee & ORS v. State Of West Bengal And ANR

2023-05-15Hon'Ble Justice Rai Chattopadhyay2 pages

15.05.2023 Court No.35 Item No. 37 D.Hira CRR 830 of 2015 Avijit Chatterjee & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Pravas Bhattacharya, Mr. M.F.A. Begg.

for the State None appears on behalf of the petitioners. This matter is pending in the list since 01.05.2023 and has been called on each day of working of this Court since that date. In spite of that no one is appearing. The petitioners are found to be not interest in this case. Therefore, the same is taken up today for disposal on merit. Petitioners have prayed for setting aside of the order dated 27.01.2015 passed by Additional Session Judge-cum-Special Judge Court, Durgapur in Session Case No. 64 of 2014 arising out of G.R. Case no. 1029 of 2013 corresponding to Faridpore P.S. Case No. 78 of 2013 under Sections 498A/306/34 of the Indian Penal Code thereby rejecting the petitioners' prayer for discharge. Petitioners have stated that the materials in the case would not disclose any cognizable offence against them.

Therefore, discharge is the only remedy to be granted to the petitioners by the Court and the Trial Court has acting improperly and unjustifying in denying them the relief as above. Hence, they have sought for setting aside of the impugned order. 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.

opinion the revision is liable to be dismissed. Criminal Revision being CRR 830 of 2015 is dismissed. 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. (Rai Chattopadhyay, J.)