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Calcutta High CourtCRR/1418/2021dismissed

Kumar Chatterjee v. State Of West Bengal And ORS.

2023-04-05Hon'Ble Justice Tirthankar Ghosh2 pages

05.04.2023 Ct. No.34 S/L No.24 KS C.R.R. 1418 of 2021 Kumar Chatterjee -Vs.- The State of West Bengal & Ors.

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

Mr. Binoy Panda Ms. Puspita Saha .....For the State This revisional application was preferred challenging the proceedings of Gariahat Police Station Case No.306 of 2007 dated 24.10.2007 under Sections 120B/ 420/ 406 of the Indian Penal Code. Learned advocate appearing for the State submits that the case was instituted in the year 2007 and the Investigating Agency on conclusion of investigation submitted charge-sheet before the Jurisdictional Court.

Having considered the period of time which elapsed in the meantime and the petitioner approached this Court at a stage when warrant of arrest was pending against one of the accused, I am of the opinion that the accused after contributing the delay has approached this Court for quashing of the proceedings, prima facie, I am of the opinion that the learned Magistrate must apply its mind to the documents collected by the Investigating Agency, at least at the stage of

consideration of charges. The application preferred before this Court is at a belated stage of after 14 years.

No interference is called for at this belated stage. Accordingly, C.R.R. 1418 of 2021 is dismissed. Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)