Jayanta Roy v. State Of West Bengal And ANR

13.01.2023

IN THE HIGH COURT AT CALCUTTA

Item No.19 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1588 of 2021 Jayanta Roy versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Abhijit Basu, Mr. Arghya Kamal Das ... For the Petitioner.

Mr. Binay Panda, Ms. Puspita Saha ... For the State.

Mr. Gobinda Chandra Baidya ... For the Opposite Party No.2.

The present petitioner has been implicated in this case as in the complaint made to the Officer-in-Charge, the complainant has made an allegation that it was within the knowledge of the present petitioner that the deceased would commit suicide. It has further been alleged in the statement recorded under Section 164 of the Code of Criminal Procedure that the present petitioner along with the principal accused viz. Indrajit Giri blackmailed the deceased. In view of the observations made in CRR 1587 of 2021 that with regard to the incident or factum relating to blackmail as alleged by the mother of the deceased, no materials have been collected by the investigating agency and there are no overt acts or allegation of any relationship against the present petitioner, I am of the view that the petitioner has been unnecessarily implicated in connection

with Narendrapur Police Station Case No. 276 of 2019 dated 01.03.2019.

Accordingly all further proceedings so far as the present petitioner is concerned arising out of Narendrapur Police Station Case No. 276 of 2019 dated 01.03.2019 corresponding to G.R. Case No. 1516 of 2019 are an abuse of the process of law and as such, continuance of the same is hereby quashed.

The revisional application being CRR 1588 of 2021 is, thus, allowed.

All pending connected applications, if any, are 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 with all requisite formalities.

(Tirthankar Ghosh, J.)