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Calcutta High CourtCRR/1748/2017dismissed for default

Rakesh Banerjee v. Samarendra Nath Dey & ORS

2024-04-04Hon'Ble Justice Ajay Kumar Gupta2 pages

04.04.2024 Sl. No.21 Ct. No. 32 Sws.M CRR 1748 of 2017 with CRAN 4 of 2020 (Old No. CRAN 893 of 2020) In the matter of : Rakesh Banerjee & Anr.

... Petitioner Mr. Shibaji Kumar Das Ms. Bushra Feroz ...for the opposite parties Nobody appears on behalf of the petitioners before this Court today. Even on earlier occasion no one represented the petitioners. No accommodation was sought for.

This is an application under Section 482 of the Code of Criminal Procedure 1973 filed by the petitioner seeking quashing of proceeding being case No. C-83 of 2017 under Sections 406/409/420 and 120B of the Indian Penal Code and the same is pending before the learned Magistrate, 1st Class, Kalyani, Nadia. This case pertains to the year 2017. Despite the pendency of this case since 2017, no one turned up on behalf of the petitioners. No accommodation was sought for. Several opportunities were given to represent the petitioners.

Under such circumstances, this Court finds the petitioner is no more interested to proceed with the instant case. Accordingly, CRR 1748 of 2017 is thus dismissed for default. Subsequently, connected application being CRAN 4 of 2020 (Old No. 893 of 2020) is thus disposed of.

Interim order, if any be vacated.

Let this order be communicated to the learned court below for information and taking necessary action in accordance with law.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties after observing all legal formalities. (Ajay Kumar Gupta, J. )