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Calcutta High CourtCRR/1623/2022disposed

Biman Saha v. State Of West Bengal And ANR.

2022-06-09Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No.1623 of 2022 With CRAN 1 of 2022 D/L5 June 9, Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Biman Saha

Versus

The State of West Bengal & Anr.

Ms. Sanjana Saha.

...for the petitioner.

Mr. Subir Ganguly, Mr. Durga Prasad Dutta, Mr. Souvik Sen, Mr. Sumanta Ganguly.

...for the opposite party no.2.

Mr. Saswata Gopal Mukherjee, Ld.P., Mr. Madhusudan Sur, Mr. Manoranjan Mahata.

...for the State.

Report submitted by the Officer-in-Charge, Behala Police Station be kept with the record.

The report incorporates the further statement recorded by an officer of Behala Police Station. The said statement reflects that the victim/ de facto complainant intends to withdraw the present case which was initiated against a relation. Having regard to the changed circumstances as also a joint compromise petition filed before this Court, I am of the opinion that further continuance of the proceedings are unwarranted and would cause miscarriage of justice.

Accordingly, all further proceedings arising out of Behala

Police Station Case No.279 of dated 03.10.2021 (corresponding to A.C.G.R. Case No.3904/2021) under Sections 341/323/354/354B of the Indian Penal Code pending before the learned ACJM, Alipore as also the charge-sheet so submitted is hereby quashed.

Thus, CRAN 1 of 2022 along with CRR 1623 of 2022 is allowed.

Pending connected applications, if any, are disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)