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Calcutta High CourtCRR/1385/2021dismissed

Sk Abdul Jalil v. Sk Razzak Ali And ANR

2023-04-03Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.1385 of 2021 M/L34 03.04.2023 Bpg.

In Re: An application under Section 401 read with 482 of the Code of Criminal Procedure;

Sk. Abdul Jalil

Versus

Sk. Razzak Ali and another The revisional application was preferred against an order dated 16.04.2021 wherein the learned Judicial Magistrate, 2nd Court, Tamluk, Purba Medinipur after considering the petition of complaint as well as the examination under Section 200 of the Code of Criminal Procedure was of the opinion that the complaint is bereft of any materials for proceeding and, as such, dismissed the complaint under Section 203 of the Code of Criminal Procedure. I have considered the allegations in the complaint which is enclosed along with the revisional application. Considering the observations made by the learned court that there are substantial difference in the version of the complainant in the petition of complaint and those during examination under Section 200 of the Code of Criminal Procedure, I am of the opinion that the finding of the learned Magistrate do not suffer from any illegality. Accordingly, no interference is called for. Thus, CRR 1385 of 2021 is dismissed.

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.)