Tapas Pal & ANR v. Asit Sain And ANR

Item No. 10 27.11.2025.

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IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION C.R.R. No. 2334 of 2017 With I.A. No. CRAN 4 of 2018 (Old CRAN 875 of 2018) And I.A. No. CRAN 5 of 2018 (Old CRAN 3001 of 2018) Tapas Pal & Anr.

Versus

Asit Sain & Anr.

Ms. Anasuya Sinha.

...For the State.

1.

None appears on behalf of the petitioners even on second call. No accommodation is sought for.

2.

This case pertains to the year 2017 and almost eight years have passed.

3.

This instant revisional application has been filed by the petitioners/accused persons seeking quashing of proceedings in connection with Sessions Case No. 45(11)16 corresponding to Sessions Trial No. 1(IV)17 arising out of Tehatta Police Station Case No. 25 of 2015 dated 15.01.2015 under Sections 304/34 of the Indian Penal Code now pending before the learned Additional Sessions Judge, Tehatta, Nadia.

4.

Considering the nature of the prayers and the long pendency of this case, the record is taken up for its disposal on merits on the basis of the material available on record.

5.

Upon perusal of the impugned order dated 1st April, 2017 passed by the learned Additional Sessions Judge, Tehatta, Nadia, it seems that the Trial Court found sufficient materials for presuming that the accused persons, namely, Tapas Pal and Sandip Singha, the petitioners herein, and others have committed offences punishable under Sections 304/34 of the Indian Penal Code. The Trial Court further held that there is sufficient ground for proceedings against the accused persons for the offences punishable under Sections 304/34 of the Indian Penal Code.

6.

Therefore, their prayer for discharge has been rejected and charge has been framed under Sections 304/34 of the Indian Penal Code. Being aggrieved with the said rejection of discharge order, the petitioners filed this revisional application.

7.

Having carefully considered the entire material available on the record, this Court does not find sufficient material or ground to quash the proceedings since the FIR indicates cognizable offence and after investigation, chargesheet has been submitted against the present petitioners along with other accused persons.

8.

In view of the above facts, this Court finds that this revisional application is devoid of merit. C.R.R. 2334 of 2017 is dismissed.

9.

In view of dismissal of the instant revisional application, all the connected applications are disposed of.

10.

Interim order has already been vacated vide order dated 19th November, 2018. The Trial Court has also been directed to proceed with the case.

11.

Let a copy of this order be communicated to the learned Court below for information and necessary steps. 12.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Ajay Kumar Gupta, J.)