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Calcutta High CourtCRR/1079/2015dismissed

Jabbar Ali Shah & ORS v. State Of West Bengal & ANR

2023-03-20Hon'Ble Justice Rai Chattopadhyay2 pages

20.03.2023 Court No.35 Item No. 46 D.Hira CRR 1079 of 2015 With CRAN 2 of 2015 (Old No. 3704 of 2015) Jabbar Ali Shah & Ors.

Vs.

The State of West Bengal & Anr.

None appears on behalf of either of the parties. This matter is pending in the list since 18.01.2023 and has been called on each day of working of this Court since that date. In spite of that no one is appearing. The petitioners are found to be not interest in this case. Therefore, the same is taken up today for disposal on merit. Impugned in this case is the order passed by the Executive Magistrate, Haldia on 19th February, 2015 in M.P. Case No. 698 of 2010 under Section 107 of the Code of Criminal Procedure. The Court directed the petitioners to furnish bond of Rs.1,000/- each.

The petitioners are aggrieved that without following the due procedure under law, the Magistrate has proceeded only on the police report, which is not however, in terms of the prevalent law. On perusal of the entire materials available on record and the grounds made up by the petitioners I am constrained to find that the grounds thereof are not sufficient and cogent enough to warrant this Court's interference into the impugned order. Hence, in my considered opinion the revision is liable to be dismissed. Criminal Revision being CRR 1079 of 2015 is dismissed. All pending applications, if any, are consequently disposed of.

Certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all the requisite formalities. ---x--- RAI CHATTOPAD HYAY CHATTOPADHYAY Date: 2023.03.20 15:06:42 +05'30'

(Rai Chattopadhyay, J.)