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Calcutta High CourtCRR/3241/2022allowed

Sananda Biswas Nee De And ANR v. State Of West Bengal And ANR

2022-11-25Hon'Ble Justice Tirthankar Ghosh2 pages

25.11.2022

IN THE HIGH COURT AT CALCUTTA

Item No.21 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3241 of 2022 with CRAN 1 of 2022 Sananda Biswas (Nee De) & Anr.

versus State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Kaushik Choudhury, Ms. Busra Khatoon ... For the Petitioners.

Mr. Arijit Ganguly, Ms. Sujata Das ... For the State.

Mr. Satadru Lahiri, Mr. Safdar Azam, Mr. Shirsho Dasgupta ... For the Opposite Party No.2.

Report dated 25.11.2022 submitted by Mr. Arijit Ganguly, learned advocate appearing for the State be kept on record.

In the report, it is reflected that the complainant Aninda Biswas has expressed his willingness not to pursue Behala Police Station Case No. 59/2019 dated 09.03.2019 and/or any proceedings arising out of the same. A statement of Aninda Biswas has been enclosed along with the report wherein it has also been recorded that the said Aninda Biswas intends to withdraw all the cases. A communication has also been made to the Officer-in-Charge, Behala Police Station which has also been enclosed along with the report which reflects that Aninda Biswas intends to withdraw the instant case.

Having regard to the fact that the parties are known to each other and was related and have entered into terms for which the complainant intends to withdraw the proceedings, I am of the opinion that the chances of conviction in the present case becomes bleak.

Accordingly, all further proceedings arising out of Behala Police Station Case No. 59/2019 dated 09.03.2019 pending before the learned Additional Chief Judicial Magistrate, Alipore are hereby quashed.

The revisional application being CRR 3241 of 2022 along with CRAN 1 of 2022 is, thus, allowed.

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 with all requisite formalities.

(Tirthankar Ghosh, J.)