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Calcutta High CourtCRR/2666/2011dismissed

Nanda Dulal Bhagat & ORS v. State Of West Bengal

2022-07-01Hon'Ble Justice Sugato Majumdar2 pages

C.R.R. 2666 of 2011 01.07.2022 Sl. 39 Court No.40 Sourav In Re: - An application under Section 482 of the Code of Criminal Procedure, 1973.

And In the matter of: Nanda Dulal Bhagat & Ors.

....petitioners.

Mr. Anwar Hossain Ms. Manisha Sharma ...for the State.

None appears on behalf of the petitioners.

Mr. Anwar Hossain along with Ms. Manisha Sharma, learned counsel appearing on behalf of the State.

On previous occasion also none appeared on behalf of the petitioners.

The instant application is filed under Section 482 of the Code of Criminal Procedure praying for quashing of a Complaint Case No. 672C of 2010 under Section 323/427/34 of the Indian Penal Code as well as the order dated October 5, 2010 passed by the learned Judicial Magistrate, 2nd Court, Malda.

In terms of the impugned order, the Judicial Magistrate issued process, considering the prima facie materials against the accused person. The materials on record do not indicate that the original complaint case is frivolous or is abuse of the process of Court. Subsequent developments are not on record. The materials on record do not warrant exercise of jurisdiction under Section 482 of the Code of Criminal Procedure.

Accordingly, the revisional application being CRR 2666 of 2011 stands dismissed.

(Sugato Majumdar, J.)