Saradindu Pal Chowdhury v. State Of West Bengal

01.10.2021 Ct No. 34 SL. No.24 Somnath (PA)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE (Through Video Conference) CRR 1483 of 2011 In the matter of : An application under Section 482 of the Code of Criminal Procedure, 1973;

And In Re: Saradindu Pal Chowdhury ......Petitioner.

Ms. Faria Hossain Ms. Baisali Basu .....For the State.

The revisional application was preferred challenging the proceedings of Birpara Police Station Case No. 17/2011 dated 19.01.2011 under Section 406/409 of the Indian Penal Code then pending before the Learned Additional Chief Judicial Magistrate, Alipurduar, Jalpaiguri. The subject matter of challenge relates to the First Information Report filed on behalf of the O.S.L. Automotive Pvt. Ltd. The present application was preferred at a stage when the investigation of the case was under progress and at the time of admission, there was an interim order for a

limited period. The revisional application again appeared on 20th July, 2011 before a Co-ordinate Bench of this Court when the same was extended for the period of 6 weeks. Thereafter, the interim order was never extended. Having regard to the fact that no information has been submitted to this Court as to whether the Investigating Agency, on conclusion of investigation has filed a report under Section 173 of the Code of Criminal Procedure, I am of the view that any interference at this stage may prejudice the prosecution of the case after 10 years. As such no interference is called for.

Accordingly, CRR 1483 of 2011 is dismissed.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)