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Calcutta High CourtCRR/1915/2011allowed

Rajiv Chand v. State Of West Bengal

2024-02-28Hon'Ble Justice Ananya Bandyopadhyay2 pages

28.02.2024 cm CRR 1915 of 2011 In the matter of : Rajav Chand .... petitioner.

Mr. T.K. Sen .... for the petitioner.

Mr. Avishek Sinha .... for the State.

Heard the submission of the learned advocate for the petitioner as well as the learned advocate for the State. The instant revisional application has been filed for quashing for a proceeding being C.G.R. No. 614 of 2011 arising out of Alipore P.S. Case No. 50/2011 dated 20.02.2011 pending before the learned Chief Judicial Magistrate, Alipore, South 24 Parganas. From the perusal of the petition it transpired that the present petitioner resides at 76C, A.J.C. Bose Road, P.S. Taltala, Kolkata - 700 014 for a period of 12 years prior to the date of the incident whereas the incident occurred at 10, Belvedere Road, P.S. Alipore, Kolkata - 700 027. The petitioner happened to be the brother-in-law of the deceased residing at a separate mess.

The case diary did not reveal the name of the present petitioner in the statements recorded under Section 161 of the Code of Criminal Procedure or in the complaint filed by the de-facto complainant to have any active role of imparting physical or mental torture to the deceased. The charge-sheet being No. 132/2012

dated 12.06.2014 did not implicate the present petitioner. In absence of any incriminating materials against the petitioner. The instant revisional application being CRR 1915 of 2011 is disposed of.

Accordingly, the proceedings being C.G.R. No. 614 of 2011 arising out of Alipore P.S. Case No. 50/2011 dated 20.02.2011 pending before the learned Chief Judicial Magistrate, Alipore, South 24 Parganas be quashed against the present petitioner. Case diary be returned.

Let a copy of this order be sent to the concerned court for information.

(Ananya Bandyopadhyay, J.)