Aswini Kumar Goswami @ Aswini Kumar Goswami v. State Of West Bengal

Item No.35 14.05.2024 GB/Ct. No. 30 C.R.R. 2608 of 2019 With CRAN 1 of 2019 (Old No. CRAN 3649 of 2019) In Re : Aswini Kumar Goswamy @ Aswini Kumar Goswami. ...... petitioner Ms. Puspita Saha ... for the State.

1.

The present revision has been preferred against an order dated 14.01.2019, passed by the learned Sessions Judge, Paschim Bardhaman in Criminal Motion No.01 of 2018, thereby dismissing the said Criminal Motion filed against the order dated 17.07.2018 passed by the learned Judicial Magistrate, 4th Court, Asansol, in connection with G.R. Case No.1487 of 2008, arising out of Jamuria Police Station Case No.193 of 2008 dated 1.11.2008, thereby alleging the commission of offences punishable under Sections 406 and 34 of the Indian Penal Code, 1860, read with Sections 3 and 4 of the Dowry Prohibition Act.

2.

Vide the order under revision the learned Sessions Judge, Paschim Bardhaman was pleased to affirm the order of the learned judicial magistrate who declined to discharge the petitioner from the said case.

3.

As there is no representation on behalf of the State, Ms. Puspita Saha, learned advocate, who is present in Court is appointed to represent the State. Let her appearance be regularized by the appropriate authority.

4.

From the materials on record, this Court finds no reason to interfere with the order under revision at this stage.

5.

The trial court is directed to proceed with the trial in the present case, in accordance with law, if not already disposed of. 6.

The petitioner shall be at liberty to agitate the issues taken in the present revision at the time of trial.

7.

The revisional application being CRR 2608 of 2019 is accordingly disposed of.

8.

All applications connected thereto stand disposed of. 9.

Interim order, if any, stands vacated.

10. Let a copy of the order be sent to the learned trial court for compliance.

11. Urgent Xerox certified copy of this order, if applied for, be given to the parties as expeditiously as possible, in compliance of usual formalities.

(Shampa Dutt (Paul), J.)