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Calcutta High CourtCRR/1938/2025dismissed

Vasudev Arya @ Mandal v. State Of West Bengal And ORS.

2025-09-17Hon'Ble Justice Debangsu Basak1 pages

SL- 41 17.09.2025 ( Dd ) CRR/1938/2025 In the matter of : VASUDEV ARYA @ MANDAL .... ...Petitioner Mr. Aswini Kr. Bera, Mr. Arijit Bera, Advocate .. ...For the petitioner

1. Petitioner seeks quashing of POCSO Case No. 40 of 2018 arising out of Debra Police Station Case No. 326 of 2018 dated June 17, 2018 under Section 8 of the POCSO Act.

2. Learned advocate appearing for the petitioner submits that, since the victim was not appearing at the trial, the proceeding should be quashed.

3. I am not minded to quash the proceeding purely on the basis of the victim girl not appearing to record evidence at the trial. The prosecution can, in given facts and circumstances of a case, proceed with the trial and establish the charges as against the accused.

4. Materials placed before Court do not suggest that it is a fit case for quashing.

5. In such circumstances, CRR/1938/2025 is dismissed. (Debangsu Basak, J.)