Niladri Bose And Others v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 16-08-2023 Subha D/L 65 Ct no.34 CRR 2070 of 2023 Sri Niladri Bose and Ors.

-versus- State of West Bengal & Anr.

Mr. Sabyasachi Mukherjee Mr. Bibek Roy Mr. Mukhesh Khanna Mr. Syed Neaz Ahmed ....for the petitioners.

Mr. Anwar Hossain Mrs. Ratna Ghosh ....for the State.

The present case was instituted in the year 2012 being Bishunpur P. S. Case No. 19 of 2012 dated 22.02.2012 under Sections 498A/304B/34 of the Indian Penal Code. Record of this revisional application reflects that the matter appeared on 12th June, 2023 when an accommodation was sought for.

Today when the matter has been taken up, again accommodation has been sought for.

Having regard to the fact that the subject matter of the case involves offences in the nature of Section 304B of the Indian Penal Code, I am unable to accede to such prayer in view of the long pendency of the case before the learned Magistrate who is ready and willing to commit the case to the court of sessions. Petitioners are directed to serve a copy of the revisional application upon Mrs. Ratna Ghosh, learned advocate, who

ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned Authorities in due course. I have scrutinized the last of the order-sheet of February 4, 2023 wherein the learned A.C.J.M, Bishnupur was pleased to fix 11th May, 2023 for appearance and commitment. Having considered the period, which has elapsed and the stage at which the prayer for quashing is advanced, I am of the opinion that at this belated stage the plea cannot be accepted. Further, none of the documents under Section 207 of the Code of Criminal Procedure have been enclosed in connection with the revisional application in order to allow this court to understand regarding the issues on which the quashing is prayed for. Having regard to the totality of the circumstances as is reflected in the present revisional application, I am unable to consider the prayer advanced.

With the aforesaid observations, the present criminal revisional application being CRR 2070 of 2023 is dismissed. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]