Debasis Samajpaty v. State Of West Bengal And ORS.

25.04.2022

IN THE HIGH COURT AT CALCUTTA

Item No.3 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2077 of 2021 with CRAN 2 of 2021 Debasis Samajpaty versus The State of West Bengal & Ors.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure filed for quashing of proceedings being G.R. No. 61 of 2006 under Sections 420/406/418/120B of the Indian Penal Code pending before learned Judicial Magistrate, 4th Court, Howrah. Ms. Kakali Samajpaty, Ms. Sudipa Samanta ... For the Petitioner.

Mr. Swapan Banerjee, Mr. Suman De ... For the State.

Mr. Tanmoy Chowdhury, Mr. R. Ghosh ... For the Opposite Party No.2.

Mr. Kaustava Ratan Chatterjee ... For the Opposite Party No.3.

The present revisional application has been preferred challenging the continuation of Bantra Police Station Case No.

02/2006 dated 05.01.2006 under Sections 420/406/418/120B of the Indian Penal Code.

The petitioner and the private opposite party no.2 have entered into a joint compromise. A report was called for by this Court on 19.04.2022.

Mr. Banerjee, learned advocate appearing for the State has submitted a report of the concerned officer of Bantra Police Station. The said report dated 21.04.2022 be kept on record.

The report reflects that the complainant does not intend to pursue with the said case and to that effect, further statement of the complainant as also a communication has been received from him by the Officer-in-Charge, Bantra Police Station.

Having regard to the fact that no public policy is involved and the dispute and differences are private and personal in nature, I am of the opinion that further continuation of the proceeding being Bantra Police Station Case No.

02/2006 dated 05.01.2006 under Sections 420/406/418/120B of the Indian Penal Code is unwarranted and as such, the same is quashed.

With the aforesaid observations, the revisional application being CRR 2077 of 2021 along with the application being CRAN 2 of 2021 is allowed.

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.)