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Calcutta High CourtCRR/2502/2013disposed

Vikash Kumar Gupta v. Ajoy Kumar Pal & ANR

2023-01-04Hon'Ble Justice Ananya Bandyopadhyay2 pages

04.01.2023 cm CRR 2502 of 2013 In the matter of : Vikash Kumar Gupta .... for the petitioner.

Mr. Sabyasachi Mukherjee Ms. Namrata Mukherjee Das Ms. Jayeta Mitra Mr. Syed Neaz Ahmed .... for the petitioner.

Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Mirza Firoj Ahmed Begg .... for the State.

The petitioner has filed the instant revisional application with prayer to quash the charge-sheet being No. 42 dated 31.05.2011 arising out of Barrackpore Police Station Case No. 14/11 dated 11.02.2011 under Section 447/506/34 of the Indian Penal Code pending before the Court of learned Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas.

The learned advocate for the petitioner submits that a coordinate Bench of this Court in CRR 4153 of 2012 has quashed the proceedings against the co-accused persons namely Ashok Kumar Das, Mira Das and Amik Kumar Das vide order dated 21.06.2022 and the present petitioner being similarly circumstanced is entitled to get the same relief. The learned advocate for the State conceded to the same. Perused both the revisional application being CRR 4153 of 2012 as well as CRR 2502 of 2013 along with the case diary. From the

materials on record it transpires that the present petitioner is similarly circumstanced is entitled to get the same relief. Accordingly, the proceedings pending against the present petitioner before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas be quashed.

The instant revisional application is disposed of. Let a copy of this order be sent to the concerned court immediately.

Case diary be returned to the State.

(Ananya Bandyopadhyay, J.)