Pallab Sinha v. The State Of West Bengal
SL. 42 10.11. 2021.
CRM 6928 of 2021 rc (Dismissed as withdrawn) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on October 25, 2021 in connection with Baguiati Police Station Case No. 351 of 2021 dated October 12, 2021 under Sections 498A/420/325/406 of the Indian Penal Code.
In the matter of : Pallab Sinha ... petitioner Mr. Prosenjit Mukherjee ...... for the petitioner.
Mr. Goutam Wilson ...... for the State.
The Advocate-on-Record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.
It is pointed out by the learned counsel appearing on behalf of the petitioner that there is a fatal defect in the instant application which is incurable in nature. The police case number has been wrongly typed not only in the prayer portion but also in the body of the application as a whole. He, thus, prays for withdrawal of the application with liberty to file afresh.
In view of the above, the instant application is dismissed as withdrawn with liberty to the petitioner to file afresh on the self same relief.
The application for anticipatory bail being CRM 6928 of 2021 is thus dismissed as withdrawn with liberty to file afresh on the self-same relief.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Harish Tandon, J.) (Rabindranath Samanta, J.)