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Calcutta High CourtCRR/2662/2009disposed

Suman Kalyan Roy & ANR v. State Of West Bengal & ANR

2022-07-26Hon'Ble Justice Tirthankar Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 26-07-2022 Subha Item no.70 Ct no.34 CRR 2662 of 2009 With CRAN 3 of 2018(Old no. CRAN 3007 of 2018) Suman Kalyan Roy & Anr.

-versus- The State of West Bengal & Anr.

Mr. Amitava Mitra Ms. Antara Choudhury ...for the petitioners.

Mr. Arijit Ganguly Mrs. Debjani Sahu ....for the State.

A report has been submitted by the Officer-in-Charge, Behala Police Station enclosing a communication of the de facto complainant of Behala P. S Case No. 135 of 2009 dated 03.04.2009 under Sections 341/323/379/506 of the Indian Penal Code. Let it be kept with the record.

The report is based on the foundation of the letter so submitted wherein the complainant has expressed his intention of not pursuing the litigation any further. Having regard to the nature of the litigation which was instituted in respect of the recovery of a vehicle which was in the possession of the de facto complainant pursuant to a finance by way of a higher purchase agreement entered with the HDFC Bank Ltd., I am of the opinion that further continuance of all further proceedings arising out of Behala P. S. Case No. 135 of 2009 dated 03.04.2009 under Sections 341/323/379/506 IPC pending before the learned A. C. J. M, Alipore, South 24 Pagranas and all orders passed therein including the chargesheet, if any, is hereby quashed.

Accordingly, the present revisional application being CRR 2662 of 2009 is allowed.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]