Shekhar Satyanarayan Haldar v. State Of West Bengal And ANR

C.R.R.1646 of 2024 With CRAN 1 of 2024 D/L17 13.05.2024 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Shekhar Satyanarayan Haldar

Versus

The State of West Bengal and another Mr. Sabir Ahmed.

...for the petitioner.

Mr. Debasish Roy, Ld.P.P.

Mr. Arijit Ganguly Ms. Sreemoyi Roy.

...for the State.

Mr. Kunal Ganguly.

...for the opposite party no.2.

Petitioner earlier preferred a revisional application before this Court and this Court while disposing of CRR 1674 of 2023 dated 08.12.2023 granted opportunity to the petitioner to approach this Court after the evidence of the victim has been recorded. Consequently, I find that in connection with S.T.

2(1) 2024/S.C.333/2021 arising out of Bidhannagar Women Police Station Case No.57 of 2019 dated 28.12.2019 the evidence of the victim was recorded and from the said evidence I find that the victim has stated that out of anger and grudge, she initiated the instant case and she do not intend to pursue the instant case being Bidhannagar Women Police Station Case No.57 of 2019 dated 28.12.2019.

The report was also called for and the report reflects that

further statement of the victim has been recorded. Let the report be kept with the record.

Having regard to the overall circumstances including the deposition of the victim before the learned trial court, I am of the view that further continuance of the proceedings particularly with regard to the present petitioner will result in harassment for facing ordeal of the criminal trial. As such, I direct that further continuance of Bidhannagar Women Police Station Case No.57 of dated 28.12.2019 corresponding to S.T.

2(1) 2024/S.C.333/2021 pending before the learned Additional Sessions Judge, Fast Track Court No.1, Barasat, North 24 Parganas be hereby quashed.

Accordingly, CRR 1646 of 2024 along with CRAN 1 of 2024 is allowed.

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.)