Subrata Deb v. State Of West Bengal

C.R.R.2376 of 2009 D/L46 July 18, Bpg.

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

Subrata Deb

Versus

The State of West Bengalr Ms. Baisali Basu.

...for the State.

The present revisional application has been preferred challenging the proceedings arising out of Matigara Police Station Case No.224 of 1997 dated 27.09.1997under Sections 406/408 of the Indian Penal Code.

The dissatisfaction expressed by the petitioner in the revisional application is that in spite of eleven years having passed the charge-sheet was not submitted by the Investigating Agency. The petitioner by pointing out the delay emphasized on the proceedings pending before the learned ACJM, Siliguri. Records of the revisional application reflect that on 23.7.2009 although there was a direction for effecting service upon the opposite parties, but there was no interim order stalling the proceedings.

Today, when the matter has been called, none appears on behalf of the petitioner nor it could be apprised to this Court regarding the present stage of the proceedings and its existence before the learned Magistrate.

As none appears on behalf of the State, Ms. Baisali Basu,

learned advocate, who ordinarily appears on behalf of the State, is directed to represent the State. Her appearance may be regularised by the concerned authorities.

Having regard to the passage of time which has elapsed during the pendency of the revisional application and the present stage of the proceedings before the learned Magistrate or its existence not being before this Court, I am of the considered view that no interference is called for.

Accordingly, CRR 2376 of 2009 is dismissed.

Pending connected applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)