Calcutta High CourtCRM (A)/3140/2023dismissed

Santosh Barma v. State Of West Bengal And ANR

2023-08-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 3140 of 2023 25.08.2023 SL. 1 Court No. 29 Sourav In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with RPF Post (Mechada) MCA Case No. 01 dated 10.03.2022 under Section 3(a) of the Railway Property (unlawful possession) Act, 2012. And In the matter of: Santosh Barma ....petitioner.

Mr. Shambhunath Ray Mr. Bikramjit Mandal Mrs. Amrita Tewari Mrs. Tuhina Parvin ...for the petitioner.

Mr. Anirban Mitra Mr. Pradyat Saha ... for the respondent no. 2.

1. Heard learned Counsel for the parties.

2. From paragraph 8 of the petition, it is found that proclamation has been issued against the petitioner under Section 82 Cr.P.C. by the learned Chief Judicial Magistrate, Tamluk on 12.07.2023.

3. This petition has been filed on 27.07.2023 after issuance of proclamation.

4. In view of such fact, the present petition for anticipatory bail is not maintainable in view of the judicial dictums.

5. Accordingly, the application being CRM (A) 3140 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)