Dr. Bishnupada Ghosh & ORS. v. State Of West Bengal & ANR.

17.02.2022

IN THE HIGH COURT AT CALCUTTA

Item No.48 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2054 of 2018 (Via Video Conference) Dr. Bishnupada Ghosh & Ors.

versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973 filed for quashing of proceedings being G.R.No. 732/05 pending before the learned Chief Judicial Magistrate, Burdwan arising out of Burdwan Police Station Case No. 316/05 dated 28.05.2005 under Sections 420/406/120B/34 of the Indian Penal Code.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta ... For the State.

The present revisional application has been preferred challenging the proceedings arising out of Burdwan Police Station Case No. 316/05 dated 28.05.2005 under Sections 420/406/120B/34 of the Indian Penal Code.

Mr.

Ranabir Roy Chowdhury, learned advocate appearing for the State submits that the petitioners have approached this Court immediately after submission of charge-sheet.

I have perused the enclosures in the revisional application which include the formal FIR, letter of complaint and the report under Section 173 of the Code of Criminal Procedure. No document under Section 207 of the Code of Criminal Procedure, on which the prosecution intends to rely, has been enclosed along with this revisional application for proper appreciation of this Court. The subject matter of this case relates to allurement for the purpose of providing

service. The allegations seem to be serious in nature and the investigating agency has, prima facie, collected materials and as such, submitted charge-sheet under Section 173 of the Code of Criminal Procedure.

Considering the initial stage of the case when the learned Magistrate has only taken cognizance and transmitted the records to the learned Judicial Magistrate, 5th Court, Burdwan, I am of the opinion that no interference is warranted at this stage.

Accordingly, the revisional application being CRR 2054 of 2018 is dismissed.

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. (Tirthankar Ghosh, J.)