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Calcutta High CourtCRR/1338/2024dismissed

Arpita Dutta And ANR. v. State Of West Bengal And ANR

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

C.R.R.1338 of 2024 With CRAN 1 of 2024 D/L118 24.04.2024 Bpg.

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

Arpita Dutta and another

Versus

The State of West Bengal and another Mr. Soumya Basu Roy Chowdhuri.

...for the petitioners.

Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha.

...for the opposite party no.2.

Mr. Debasish Roy, Ld.P.P.

Mr. Saryati Datta Ms. Pallavi Priyadarshee.

...for the State.

Affidavit-of-service filed by the petitioners be also kept with the record.

Learned advocate appearing for the State has submitted a report. Let the report be kept with the record. Report reflects that the opposite party no.2 has expressed his desire to withdraw the case. However, there are case and counter-case between the parties.

Having considered the outcome of S.C. Case No.112 of 2024 arising out of Nagerbazar Police Station Case No.121 of 2023, learned advocate appearing for the opposite party no.2 submits that she has instructions to pursue with Nagerbazar Police Station Case No.198 of 2023 dated 07.06.2023 pending before the learned

Judicial Magistrate, 5th Court, Barrackpore.

Having considered the changed circumstances and the report submitted by the police authorities of the case, learned Judicial Magistrate, 5th Court, Barrackpore would proceed and progress with the case being Nagerbazar Police Station Case No.198 of 2023 dated 07.06.2023. No interference is called for. Accordingly, CRR 1338 of 2024 along with CRAN 1 of 2024 is dismissed.

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.)