Mira Basu @ Bose v. State Of West Bengal & ANR

CRR 892 of 2015 Court No. 33 Item 25 SK 29.06.2022 In the matter of:- Mira Basu @ Bose ...petitioner -Vs- State of West Bengal & Ors.

Mr. Sandip Chakraborty ..for the State.

None appears on behalf of the petitioner.

This revisional application has been filed by the petitioner under Section 482 read with Section 401 of the Code of Criminal Procedure praying for quashing of the proceeding in connection with Noapara Police Station Case No. 166/2014 dated 1.7.2014 under Sections 379/406/420/506/120B of the Indian Penal Code.

The brief fact of the case is that the opposite party no. 2complainant filed an application under Section 156(3) of the Code of Criminal Procedure against the petitioner and one other alleging inter-alia of theft, cheating, misappropriation with a prayer for sending the said petition for investigation by the Police authorities. On such basis FIR was registered being Noapara P.S.Case No. 166/2014 against the petitioner and one other. Upon completion of investigation, charge-sheet has been submitted against the FIR named accused persons. Being aggrieved by and dissatisfied with the said proceeding, the petitioner has preferred the present revisional application. Mr. Sandip Chakraborty, learned advocate appearing for the State submits status report. Let it be kept with the record. He submits that already on completion of investigation,

charge-sheet has been submitted against both the accused persons revealing prima facie case to be proceeded with. It is found from the copy of charge-sheet annexed to the application that the investigating agency upon completion of investigation submitted charge-sheet against the petitioner and one other under Sections 420/506/120B of the Indian Penal Code on the basis of prima facie materials. Accordingly, the proceeding before the trial court does not call for any interference.

It is made clear that the observation made hereinabove shall not have bearing with the rights and contentions of the petitioner before the trial court.

All connection applications stand disposed of. Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Bivas Pattanayak, J.)