Jayanta Nandi @Jayanta Kumar Nandi & ANR v. State Of West Bengal & ANR

13.06.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION Ct APPELLATE SIDE rup CRR 1293 of 2016 With IA NO: CRAN 2 of 2024 Jayanta Nandi @ Jayanta Kumar Nandi & Anr.

Vs.

The State of West Bengal & Anr.

Mr. Kushal Kumar Mukherjee Mr. Narattam Acharyya ... for the petitioner. In Re: CRAN 2 of 2024

1. The instant application has been submitted before this court on behalf of the petitioner contending, inter alia, that this court quashed the entire proceeding corresponding to charge-sheet No. 1671/14 dated 16.12.2014 arising out of Kotali Police Station Case No. 1303/11 dated 12.11.2011 under Section 304A of the Indian Panel Code, corresponding to G.R. Case No.4572 of 2011 pending before the Additional Chief Judicial Magistrate, Krishnanagar, Nadia by delivering judgment on 10.05.2024 in connection with CRR 1293 of 2016.

2. It is further contended that learned Additional Chief Judicial, Krishnanagar, Naida by its order dated

20.05.2024 though acknowledged the order of this Court passed in CRR 1293 of 2016, whereby the proceeding mentioned above had been quashed, but the learned Magistrate passed an order directing accused to appear on 21.09.2024 with a view to proceed with the case further.

3. It is from the record that the subject proceeding has already been quashed by this Court in CRR 1293 of 2016 in respect of two accused namely Jayanta Nandi @ Jayanta Kumar Nandi and Chanchal Sarkar @ Chanchal Kumar Sarkar and ultimately from the record it appears that charge-sheet was filed against only above mentioned two accused.

4. Therefore, learned Magistrate has no jurisdiction to proceed with this case further against those accused which has already been quashed by this Court in disposing of criminal revisional application being No. CRR 1293 of 2016.

5. In the aforesaid view of the matter, the order dated 20.05.2024 passed by the learned Additional Chief Judicial, Krishnanagar, Naida stands set aside as learned Magistrate cannot proceed with this case further which has already been quashed by this Court.

6. Learned counsel appearing on behalf of the petitioner is directed to communicate this order to the learned Additional Chief Judicial Magistrate, Krishnanagar, Nadia.

7. Accordingly, CRAN 2 of 2024 stands disposed of.

8. All parties to act in terms of a copy of the order downloaded from the official website of this Court. (Bibhas Ranjan De, J.)