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Calcutta High CourtCRR/909/2015dismissed

Uttam Kr Das & ORS v. State Of West Bengal & ANR

2022-06-16Hon'Ble Justice Bivas Pattanayak2 pages

Court No. 33 Item 34 sk 16.06.2022 CRR 909 of 2015 In the matter of:- Uttam Kr. Das & Ors.

........ Petitioners Ms. Ayantika Roy...for the State.

None appears on behalf of the petitioner.

This revisional application has been filed seeking order under Section 482 read with Section 401 of the Code of Criminal Procedure for quashing of the proceeding in GR Case No. 2587 of 2013 under Sections 498A/406/120(B)/506/34 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate at Barrackpore.

The brief fact of the case is that the opposite party no. 2, Baisali Das nee Sarkar filed a petition under 156(3) of the Code of Criminal Procedure which was sent to the police for investigation. On the basis of the same Belghoria P.S.Case No. 250 of 2013 dated 11.6.3013 was initiated against the petitioners under Sections 498A/406/120(B)/506/34 of the Indian Penal Code and investigation was set into motion. Upon completion of investigation, the charge-sheet was submitted against the petitioners under Sections 498A/406/120(B)/506/34 of the Indian Penal Code. Being aggrieved and dissatisfied with the said proceeding, the petitioners have initiated the present revisional application. In compliance to order dated 9.6.2022. Ms. Ayantika Roy, learned advocate appearing on behalf of the State submits a status report. Let it be kept with the record. It

appears from the report that the investigating agency submitted charge sheet upon completion of investigation under Sections 498A/406/120(B)/506/34 of the Indian Penal Code against the petitioners. Thus there are prima-facie materials against the petitioners. Accordingly, proceedings before the trial court does not call for interference. In the aforesaid back drop, the present revisional application stands dismissed.

However, it is made clear that the aforesaid observations will not effect the rights and contentions of the parties in the proceedings before the trial.

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

(Bivas Pattanayak, J.)