← Library
Calcutta High CourtCRR/2022/2012dismissed for default

Debjani Chakraborty v. State Of West Bengal & ANR

2022-01-31Honble Justice Ananda Kumar Mukherjee2 pages

31.01.2022 S/L No.29 KS (Via Video Conference) C.R.R. 2022 of 2012 Smt. Debjani Chakraborty -Vs.- The State of West Bengal & Anr.

Mr. Binoy Panda Mr. Pratick Bose .....For the State The matter is placed before me today alongwith compliance report received from the District Magistrate and Collector, Burdwan dated 15.01.2015.

It appears from the report that in compliance with the orders dated 29.01.2014 and 08.08.2014, petitioner and the opposite party no.2 were asked to appear before the District Magistrate, Burdwan for hearing but none appeared. Notice was also issued for the second time informing the date but that were returned un-served. On the basis of market value of the property measuring 70 sq. ft. situated in area at Palika Bazar, Burdwan stamp duty of Rs.46,782/- was assessed by A.D.S.R. Burdwan. There is no indication that the stamp duty on the agreement to sale has been paid or for non-payment of the stamp duty on the valuation of the property, the same has been impounded. Mr. Binoy Panda and Mr. Pratick Bose, learned advocates who usually appear for the State are representing the opposite party

no.1/State in this matter. The concerned authority is directed to regularize their appointment.

None appears for the petitioner and the opposite party no.2. The petitioner had filed this revisional application for quashing of the F.I.R. in connection with Golabari P.S. Case No.517 dated 16.12.2010 under Sections 406/34 of the Indian Penal Code.

On one hand, it appears that the petitioner and the opposite party no.2 have not paid the assessed stamp duty on the agreement for sale and at the same time they have not remained present in Court to pursue this revisional application. The petitioner seeking quashing of FIR is absent.

In that view of the matter, the criminal revisional application is dismissed for default.

Let a copy of this order be sent to the court of learned C.J.M, Howrah for information.

(Ananda Kumar Mukherjee, J.)