Utpal Basu Mallik v. State Of West Bengal & ORS

C.R.R. No.1853 of 2012 (Via Video Conference) D/L56.

September 8, 2021 Bpg.

In Re: An application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure. Sri Utpal Basu Mallik

Versus

The State of West Bengal & Ors.

The revisional application was preferred against the judgment and order dated 20.01.2012 wherein the petitioner's application, which was considered by the learned Magistrate on 15.02.2011, was rejected.

The learned Magistrate on an appreciation of the materials produced before him after consulting the case diary was pleased to find that as the cognizance was taken, the same was not a fit case for further investigation. The learned Sessions Court while reappreciating the same, arrived at a same finding. Having regard to the fact that the learned Sessions Judge has exhausted his jurisdiction in the revisional court and the fact that both courts have re-appreciated the materials placed before them, I do not find that any exceptional circumstances existed for further investigation at the post cognizance stage. Accordingly, the revisional application being CRR 1853 of 2012 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)