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Calcutta High CourtCRR/1259/2011dismissed

Md Sabbir @Sabir Ahmed v. State Of West Bengal & ANR

2021-12-20Hon'Ble Justice Bibhas Ranjan De2 pages

31.

20-12-2021 (ct. no.29) debajyoti CRR 1259 of 2011 In re: An application under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure, 1973. - A n d - In the matter of : Md. Sabbir alias Sabir Ahmed .... Petitioner.

Mr. Binoy Kumar Panda, Mr. Subham Bhakat ... For the State.

Mr. Binoy Kumar Panda, learned advocate, and Mr. Subham Bhakat, learned advocate, who usually appear on behalf of the State, are present in Court. They are requested to appear on behalf of the State in this matter. Their appointment may be regularized by the learned Public Prosecutor of this Court.

Learned lawyer on behalf of the State appears and submits that though the instant revisional application is filed with a prayer for quashing the entire proceedings, but there is sufficient material to deny the prayer of the petitioner. He refers to the statement of witnesses along with the injury report. He submits that there is sufficient ingredient to constitute an offence under Section 307 of the Indian Penal Code.

This revisional application is directed against the charge-sheet dated 19-09-2010 under Section 307 of the Indian Penal Code arising out of Narkeldanga Police Station Case No.330 of 2010 dated 29-08-2010. After careful perusal of all the annexed documents including the charge-sheet, I do not find any reason to interfere with the charge-sheet and the proceedings thereon. It further appears from the record that in spite of the order passed by this Court on 25-11-2011 directing the petitioner to serve a copy of the revisional application on

the other side and to submit Affidavit-of-Service, the petitioner did not comply with such direction.

Considering all facts and circumstances discussed above, the instant revisional application is liable to be dismissed. Accordingly, the revisional application stands dismissed.

Let a copy of this order be communicated to learned Additional Chief Judicial Magistrate, Sealdah, through the learned Registrar, Judicial Service, of this Court. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of all necessary formalities.

( Bibhas Ranjan De, J. )