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Calcutta High CourtCRR/1298/2012dismissed

Saktipada Rudra & ORS v. State & ANR

2021-08-03Hon'Ble Justice Tirthankar Ghosh2 pages

03.08.2021 Item no.10 Ct. No.34 CHC C.R.R. No.1298 of 2012 (Via Video Conference) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Saktipada Rudra & ors.

... petitioners Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Arijit Ganguly ...for the State The present revisional application has been preferred challenging the proceedings arising out of Pingla Police Station Case No.50/09 dated 05.06.2009 under Sections 147/149/323/354/379/506/34 of the Indian Penal Code. It is reflected from the order dated 31.01.2012, that the learned Magistrate, on perusal of the documents so relied upon by the prosecution was pleased to refuse the prayer for discharge advanced by the petitioners.

Records of this revisional application reflect that on 16.04.2012, a coordinate Bench of this Court was pleased to refuse any interim order. Subsequently, the revisional application appeared on July 5, 2013 and 22.1.2014. However, from the inception no restraint order was passed in respect of the proceedings which were pending before the learned Chief Judicial Magistrate, Paschim Medinipur.

Having regard to the fact that the revisional application is pending for more than nine years and this Court has not been apprised regarding the present status of the case before the jurisdiction court and order dated 31.1.2012 reflects that on 2nd of March, 2012 date was fixed for consideration of charge, I am of the view that no interference is called for at this belated stage. Accordingly, C.R.R.1298 of 2012 is dismissed. Pending application, if any, is consequently disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)