Hari Prasad Jaiswal & ANR v. State Of West Bengal & ORS

C.R.R. 2276 of 2008 D/L54 August 3, Bpg.

In Re: An application under Section 482 of Code of Criminal Procedure, 1973;

Hari Prasad Jaiswal and another

Versus

The State of West Bengal and others Mr. Milon Mukherjee, Mr. Rahul Ganguly, Mr. Dattatreya Dutta.

...for the petitioners.

Mr. Anwar Hossain, Ms. Manisha Sharma.

...for the State.

Mr. Milon Mukherjee, learned senior advocate, appears on behalf of the petitioners.

The revisional application was preferred challenging the proceedings of G.R. Case No.923/2008 arising out of Ultadanga Police Station Case No.96 dated 17.6.2008 under Sections 420/467/468/471/120B of the Indian Penal Code. Mr. Anwar Hossain, learned advocate appearing for the State has submitted a report as also certified copy of the FIR and report under Section 173 of the Code of Criminal Procedure. The Investigating Officer on conclusion of investigation submitted a report before the court with the conclusion mistake of fact. Such report was submitted as MF No.58/08 before the learned ACJM, Sealdah on 07.03.2009.

Let the report be kept with the record.

Having regard to the report so submitted which reflects that the original case do not survive, the revisional application

becomes infructuous.

Accordingly, CRR 2276 of 2008 is dismissed as infructuous.

Pending application, if any, is 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.)