Sangita Mondal v. State Of West Bengal And ANR

C.R.M. (DB) 2284 of 2022 (AD) 17.08.2022 Court No.29 In Re: - An application under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973.

And [ In the matter of: - Sangita Mondal ...petitioner.

Mr. Partha Sarathi Das Mr. Parashar Baidya ... for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Aniket Mitra ... for the State.

Mr. Prabir Majumder ... for the opposite party no.2.

Petitioner seeks cancellation of the anticipatory bail granted on March 16, 2022.

Post-bail misconduct is the ground canvassed for the purpose of cancelling the anticipatory bail granted. In support of such contention, attention of the Court is drawn to the complaints dated April 3, 2022 and April 5, 2022 filed on behalf of the petitioner. Noticing such complaints, report was called for by the order dated August 8, 2022.

Such report was filed in Court and taken on record on August 12, 2022.

The report was silent on the two complaints and, therefore, report of the Superintendent of Police was called for by the order dated August 12, 2022.

Report as called for by the order dated August 12, 2022 of the Superintendent of Police dated August 15, 2022 filed in Court be taken on record.

It appears from such report that the first complaint dated April 3, 2022 was registered as a general diary with the police station. The second complaint was inquired into and a proceeding under Sections 107/116(c) of the Code of Criminal Procedure was taken. In such circumstances, we do not find any misconduct on the part of the private opposite party so as to call for cancellation of the anticipatory bail already granted.

C.R.M. (DB) 2284 of 2022 is disposed of accordingly. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)