Arup Kumar Mondal v. State Of West Bengal And ANR

C.R.R.3158 of 2022 M/L18 09.10.2023 Bpg.

In Re: An application under Section 482 read with 401 of the Code of Criminal Procedure, 1973;

Arup Kumar Mondal

Versus

The State of West Bengal and another Mr. Samiran Mandal Mr. Abhinaba Dan Mr. Matan Chakraborty Mr. Nitish Samanta.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P.

Mr. Imran Ali Ms. Debjani Sahu.

...for the State.

Mr. Sabir Ahmed Mr. Subhasis Dey Mr. Victor Mukherjee Ms. Suman Biswas.

...for the opposite party no.2.

The revisional application was preferred challenging the order dated 07.07.2022 passed by the learned Judicial Magistrate, Bidhannagar (East) Police Station Case No.94 of 2011. The said order dated 07.07.2022 which is the subject matter of grievance of the present petitioner related to an order directing further investigation to be conducted. The learned Judicial Magistrate thereafter fixed date on 30th September, 2022. The Memo of Evidence has been submitted along with status report. Let the same be kept with the record. The Memo of Evidence reflects that the subsequent

charge-sheet no.34 of 2023 dated 31.03.2023 has been filed before the jurisdictional court against the present petitioner. Having regard to the same and the purpose for which the present revisional application was preferred, I am of the opinion that the present revisional application has become infructuous. The status report reflects that the warrant of arrest is pending before the learned Judicial Magistrate, Bidhannagar. Having considered the same, I direct the petitioner to appear before the learned Judicial Magistrate, Bidhannagar in seisin of the matter. In case the petitioner appears and surrenders before the learned Magistrate, he may be allowed to continue on the same bail and bond.

With the aforesaid observations, CRR 3158 of 2022 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)