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Calcutta High CourtCRR/1334/2024dismissed

Poulam Guha v. State Of West Bengal And ANR

2024-04-24Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.1334 of 2024 With CRAN 1 of 2024 D/L117 24.04.2024 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Poulam Guha

Versus

The State of West Bengal and another Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha.

...for the petitioner.

Mr. Anand Keshari Mr. Soham Bhakat.

...for the State.

Mr. Soumya Basu Roy Chowdhuri.

...for the opposite party no.2.

Report submitted by the State be kept with the record. Affidavit-of-service filed by the petitioner be also kept with the record.

The opposite party no.2 in a statement has expressed that she do not intend to pursue with the present case. However, I have checked the case diary and on an assessment of the medical report of South Dum Dum Municipal Hospital, I find that Sandip Datta, the husband of the opposite party no.2, sustained injury and the doctor had to administer six stitches at the frontal region and over face.

Having regard to the nature of the injury which is appearing from the records of the case, I am not inclined to extend the benefit of compromise or amicable settlement in this case.

Accordingly, I direct that charges be framed by the jurisdictional court and after the evidence of the injured victim is over, petitioner would be at liberty to approach this Court. The learned court in seisin of the matter would proceed in accordance with law. Accordingly, CRR 1334 of 2024 along with CRAN 1 of 2024 is dismissed.

Case diary be returned to the learned advocate appearing for the State.

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 of all requisite formalities.

(Tirthankar Ghosh, J.)