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Calcutta High CourtCRR/2103/2012dismissed

Shahnawaz Khan v. State Of West Bengal & ANR

2021-09-09Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No.2103 of 2012 (Via Video Conference) D/L61.

September 9, 2021 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

Shahnawaz Khan

Versus

State of West Bengal & Anr.

Ms. Baisali Basu.

...for the State.

As none appears for the State, Ms. Baisali Basu, learned advocate, who ordinarily appears on behalf of the State, is directed to appear and represent on behalf of the State. Her appointment may be regularised by the concerned authorities. The present revisional application was preferred in connection with Park Street Police Station Case No.148 of 2012 under Sections 326/386 of the Indian Penal Code. Having regard to the fact that the contentions advanced by the petitioner is based on the foundation of compromise, I am of the view that any non-compoundable offence of such nature which includes the provisions of Section 326/386 of the Indian Penal Code, cannot be interfered by invoking the provisions of Section 482 of the Code of Criminal Procedure.

Accordingly, CRR 2103 of 2012 is dismissed.

Pending application, if any, is 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.)