Subrata Mallick v. State Of West Bengal & ORS.

9.2.2022 S.D.

16.

C.R.R. 1380 of 2011 In the matter of: Sri Subrata Mallick ......Petitioner.

Mr. Bidyut Kumar Roy Mr. Pratick Bose ...For the State.

The matter is listed today for hearing.

Mr. Bidyut Kumar Roy along with Mr. Pratick Bose, learned advocates appear for the State/O.P. No. 1. Their appointments may be regularized by the concerned authority.

None appears for the petitioner and opposite party nos. 2 to 14. The petitioner has preferred this revisional application under Sections 401/482 of the Cr.P.C. challenging the order dated 3.12.2010 passed by learned Additional District Magistrate, Chandannagar, Hooghly in G.R. Case No. 421 of 2009 arising out of Chandannagar Police Station Case No. 88 of 2009 under sections 147/148/149/436/427/439/34 of the IPC whereby learned Magistrate rejected the prayer of the defacto complainant for further investigation under Section 173(8) of the Cr.P.C. on the ground that after submission of charge sheet under Section 173(2) of the Cr.P.C., the Court cannot direct further investigation. On 5.3.2012, an interim order was passed by this Court staying further proceedings in the case till 4.6.2012. This implies that no interim order is existing as on date.

Since this is a very old matter and no notice has been served the opposite parties till date and in view of the facts and circumstances of the case, the criminal revision is dismissed for default. The Revisional application is disposed of.

Let a copy of this order be sent to the Court of learned Judicial Magistrate, 4th Court with a direction to expedite the proceedings if still pending.

(Ananda Kumar Mukherjee, J.)