Ashis Kumar Dutta v. The State Of W.B.

27.09.2022

IN THE HIGH COURT AT CALCUTTA

Item No.6 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1729 of 1998 Ashis Kumar Dutta versus The State of West Bengal In Re: An Application under Sections 401 and 482 of the Code of Criminal Procedure.

Mr. Rana Mukherjee, Ms. Devipriya Mitra, Ms. Juin Dutta Chakraborty ... For the Petitioner.

Mr. Binay Panda, Mr. Subham Bhakat ... For the State.

Pursuant to the direction passed by this Court on 29.08.2022, a sum of Rs.50,000/- was deposited and an affidavit along with receipt was filed before this Court on 23.09.2022.

A compliance report dated 25.09.2022 has been filed by the Inspector-in-Charge, Bishnupur Police Station which reflects that in connection with Complaint Case No. 121C of 1994, a sum of Rs.50,000/- has been deposited with the learned Additional Chief Judicial Magistrate, Bishnupur, Bankura. Let the said report be kept on record. Having regard to the fact that the said case was instituted almost 28 years ago, I am of the opinion that no useful purpose would be served by sending the present petitioner to jail at this stage. The amount of Rs.50,000/- so deposited would be treated as fine in connection with the instant case. So far as the substantive sentence is concerned, the same is quashed.

Accordingly, the revisional application being CRR 1729 of 1998 is partly 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.)