Calcutta High CourtCRR/2027/2018dismissed

Iltush Ahamed @ Iltush Ahamed Sarkar & ANR. v. State Of West Bengal & ANR.

2022-02-14Hon'Ble Justice Tirthankar Ghosh2 pages

14.02.2022

IN THE HIGH COURT AT CALCUTTA

Item No.45 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2027 of 2018 (Via Video Conference) Iltush Ahamed alias Iltush Ahamed Sarkar & Anr. versus State of West Bengal & Anr.

In Re: An Application under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 filed for challenging the order dated 12.07.2018 passed by learned Chief Metropolitan Magistrate, Calcutta in G.R. Case No. 3135 of 2009.

Mr. Apurba Kumar Ghosh ... For the Petitioners.

Mr. Arijit Ganguly, Ms. Sujata Das ... For the State.

Mr. Arnab Nandi, Mr. Anirban Tarafdar ... For the Opposite Party No.2.

Learned advocates for the petitioners and the opposite party no.2 are present.

Mr. Arijit Ganguly, learned advocate, who ordinarily appears for the State, is directed to appear in this matter and represent the State. His appointment may be regularized by the concerned authorities.

The petitioners approached this Court being aggrieved by the warrant of arrest so issued by the learned Chief Metropolitan Magistrate, Calcutta in connection with G.R. Case No. 3135 of 2009 arising out of Hare Street Police Station Case No. 637 of 2009. On completion of investigation, charge-sheet was also filed in connection with the instant case.

Learned advocate appearing for the petitioners submits the subject matter of challenge was for the purpose of warrant of arrest so issued illegally. Due to change of circumstances, this revisional application has become infructuous. As such, the petitioners are not interested to pursue the revisional application.

Accordingly, the revisional application being CRR 2027 of 2018 is dismissed as infructuous.

Interim order, if any, is hereby vacated.

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.)