Calcutta High CourtCRR/1947/2019disposed

Rajdeep Sen & ANR v. State Of West Bengal & ANR

2022-02-24Hon'Ble Justice Tirthankar Ghosh2 pages

24.02.2022

IN THE HIGH COURT AT CALCUTTA

Item No.10 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1947 of 2019 (Via Video Conference) Rajdeep Sen & Anr.

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 First Information Report No. 101/2017 dated 18.03.2017 of Muchipara Police Station under Sections 498A/406/34 of the Indian Penal Code and Sections 3/4 D. P. Act (G.R. No. 313 of 2017).

Mr. Debasis Kar, Mr. Subhojit Chowdhury ... For the Petitioners.

Mr. S. G. Mukherjee, Ld. P.P., Ms. Debjani Sahu ... For the State.

Mr. Mukherjee, learned Public Prosecutor appearing for the State submits a report of S.I., Muchipara Police Station dated 22.02.2022. Let the said report be kept on record.

The report reflects that the opposite party no.2 viz., Smt. Arpita Marik nee Sen was approached by the Officer for recording her statement and for confirmation whether any compromise has been effected between the parties. However, the report reflects that the opposite party no.2 did not cooperate with the Officer of Muchipara Police Station. In view of the aforesaid, the contentions advanced by the petitioners before this Court cannot be adjudicated. Accordingly, the revisional application being CRR 1947 of 2019 is dismissed.

However, if the parties approach the jurisdictional court within a period of ten days from date, the jurisdictional court would record the deposition of the opposite party no.2 viz., Smt. Arpita Marik nee Sen and thereafter decide whether the case should further progress in trial or not. 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)