Hazrat Ali Mondal v. Seema Maondal & ANR

CRR 2823 of 2015 Court No.

Item 26 Ali 25.08.2022 Hazrat Ali Mondal -Vs- Seema Mondal & Anr.

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

Mr. Md. Kutubuddin ...for the State No one appears on behalf of the petitioner.

The present revisional application has been preferred by the petitioner quashing of proceeding being G.R. Case No. 1096 of 2015 (arising out of Domkal Police Station Case No. 268 of 2015).

The brief fact of the case is that the opposite party No. 1complainant filed a petition under Section 156(3) of the Code of Criminal Procedure before the learned Chief Judicial Magistrate, Murshidabad with the allegation that she was assaulted on the date of incident by the petitioner resulting in injury. The FIR on such basis came to be registered against the petitioner under Sections 448/354(1)(i)/323 of the Indian Penal Code.

Being aggrieved by and dissatisfied with the said proceeding the petitioner has preferred the present revision. Mr. Md. Kutubuddin, learned advocate appearing on behalf of the State submits status report. The Status report is taken on record. He further submits that on the basis of primary material the police authority has submitted chargesheet and the case has been transferred to the file of learned

Judicial Magistrate, 3rd Court, Berhampore, Murshidabad for trial and as such the revisional application is liable to be dismissed.

It is found from the status report dated 24.08.2022 submitted by Inspector-In-Charge, Domkal Police Station, Murshidabad, P.D., that upon completion of investigation the investigating agency has submitted charge-sheet against the petitioner under Sections 448/323/354 of the Indian Penal Code and the case has been transferred to the file of learned Judicial Magistrate, 3rd Court, Berhampore, Murshidabad for trial of this case.

In view of the above, the proceeding before the trial court does not call for interference.

Accordingly, the present revisional application stands dismissed.

All connected applications stand disposed of. Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Bivas Pattanayak, J.)