Goutam Kumar Biswas v. Rafiqul Biswas And ANR

21.03.2023

IN THE HIGH COURT AT CALCUTTA

Item No.23 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1159 of 2021 Goutam Kumar Biswas versus Rafiqul Biswas & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure.

This revisional application was preferred challenging the order dated 30.03.2021 passed by learned Executive Magistrate, 24-Parganas (North) at Barasat in connection with N.C.R. & P.R. Case No. 211 of 2021 arising out of G.D.E. Nos. 460 and 474 of 2021 dated 08.03.2021 of Amdanga Police Station under Sections 107 and 116(3) of the Code of Criminal Procedure.

Having regard to the initial order dated 31.05.2021 where a coordinate Bench of this Court categorically recorded that the nature of the application do not call for any interim order, I am of the view that mere pendency of the present revisional application without apprising regarding the latest stage of the proceedings is bound to mislead this Court. The order dated 31.05.2021 indicating that the petitioner could have very well answered the show-cause notice before the learned Executive Magistrate.

Having considered the initial order and the nature of the order so passed and the fact that the revisional application is simply pending before this Court and the passage of time which has elapsed in the meantime, further pendency of this revisional application is unwarranted.

Accordingly, the revisional application being CRR 1159 of 2021 is dismissed.

All pending connected applications, if any, are consequently disposed of.

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 with all requisite formalities.

(Tirthankar Ghosh, J.)