Sumanta Sinha v. State Of West Bengal & ANR

D/L -24 17/01/2025 Aritra Ct. No.42 CRR 2799 of 2017 Sumanta Sinha Vs.

The State of West Bengal & Anr.

Mr. Subhankar Chakraborty Ms. Ruchira Manna ....for the petitioner Mr. Joydeep Roy Mr. Dipankar Paramanick ....for the State

1. None appears on behalf of the opposite party No.2 at the time of call.

2. Learned Advocate for the State submits a status report of Pandaveshwar P.S. Case No. 43 of 2017 dated 27.05.2017 under Section 323/379/406/506, Indian Penal Code, in compliance of order dated 28.11.2024. It appears therefrom that Final Report (Mistake of Fact No.11/17) dated 31.07.2017 under Sections 323/379/406/506/420/34, Indian Penal Code was filed to Learned Additional Chief Judicial Magistrate, Durgapur for their discharge from the aforesaid allegations.

Learned Additional Chief Judicial Magistrate, Durgapur has accepted the report, without giving any order for re-investigation. As a result thereof,

the accused persons stand discharged from their respective charges.

3. Consequently, the proceeding of G.R. Case No.964/17 pending before the Court of learned Additional Chief Judicial Magistrate at Durgapur in M.P. Case No.299 of 2017 arising out of Pandaveswar P.S. Case No.43/17 dated 27/05/2017 under Sections 323/379/406/506 Indian Penal Code become infructuous.

4. Therefore, the instant revisional application would become infractuous mutatis mutandis, after discharge of petitioner, and thus is liable to be dismissed.

5. Accordingly, the CRR 2799 of 2017 along with connected application, if any, is dismissed as infructuous.

6. Interim order, if any, stands vacated.

7. There shall be no order as to costs.

8. The status report submitted by the State, be kept on record.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Uday Kumar, J.)