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Calcutta High CourtCRR/949/2013dismissed as infructuous

Nasiruddin Molla & Ors3 v. State Of West Bengal& ANR

2022-03-17Honble Justice Ananda Kumar Mukherjee2 pages

17.03.2022 S.D.

08.

C.R.R. 949 of 2013 With CRAN 1 of 2013 (Old CRAN 2305 of 2013) (Via Video Conference) In the matter of: Nasiruddin Molla & Ors.

......Petitioner.

Mr. Pratick Bose ...For the State.

The matter is listed today for submission of compliance report after service of notice upon the petitioners and opposite party nos. 1 and 2 and obtaining a status report from the learned Trial Court in respect of the pendency of the case bearing G.R. Case No. 1896 of 2010 under Sections 498A/406/34 of the IPC.

Report received from Registrar Administration dated 7.3.2022, wherein it is stated that notices were issued to petitioner nos. 1 to 6, but they have been returned unserved by the postal department. Notice was also issued to opposite party no. 2 and learned Public Prosecutor for Opposite party No. 1.

None has appeared before the Court except learned Advocate for the State.

Status report of the case is submitted by learned Additional Chief Judicial Magistrate, 1st Court, Baruipur wherein he has stated that G.R. Case No. 1896 of 2010 has been disposed of on 13.8.2014 and all five

accused persons were held not guilty of the offence and acquitted under Section 248(1) of the Cr.P.C. The report is taken on record. It is obvious that when the accused/petitioners have been acquitted in the main case, they would not be inclined to appear before this Court any more.

The revisional application is dismissed as the same is infructuous. Let a copy of this order be sent to the Court of learned Additional Chief Judicial Magistrate, Baruipur for information. (Ananda Kumar Mukherjee, J.)