Goutam Mondal And ORS. v. State Of West Bengal And ANR.

C.R.R. 1803 of 2022 D/L21 11.07.2023 Bpg.

Gautam Mondal and others

Versus

The State of West Bengal and another Mr. Palash Bapari.

...for the petitioners.

An accommodation has been prayed for on behalf of the petitioners. Earlier, the same prayer was advanced on 5th June, 2023.

Having regard to the fact that the petitioners are reluctant to canvass the points in the present revisional application, this Court feels that this revisional application should be suo motu disposed of.

I have considered the points which have been canvassed in the present revisional application which relates to quashing of C. Case No.617 of dated 18.11.2020 under Sections 447/379/323/506(ii)/34 of the Indian Penal Code wherein the petitioner is the complainant. The main issue which has been canvassed is that petitioner no.1 who happens to be an accused, was the complainant in Chandrapur Police Station Case No.01 of 2016 dated 06.01.2016 wherein the police authorities after investigation submitted charge-sheet under Sections 143/447/379/504/506 of the Indian Penal Code. Be that as it may, there is a case and counter case. The truth or falsity of the versions of the complainant or the accused at this stage cannot be taken into account. However, it is directed that

both the case being magistrate triable be tried by one and the same court and one after another which is settled proposition of law. No interference is called for at this Stage.

With the aforesaid observations, CRR 1803 of 2022 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)