Jyoti Nath Nee Roy @ Jyoti @ Joyti Nath Roy v. State Of West Bengal & ANR
06.08.2021 Item no.5 Ct. No.34 CHC C.R.R. No.3390 of 2019 IA NO: CRAN/1/2021 (Via Video Conference) In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.
AND In the matter of:- Jyoti Nath Nee Roy @ Jyoti @ Jyoti Nath Roy ... petitioner Mr. Shibaji Kumar Das, Ms. Rupsa Sreemani ....for the petitioner Mr. Saswata Gopal Mukherji, Ld. P.P.
Mr. Arijit Ganguly, Mr. Sandip Chakraborty ...for the State Mr. Soumyajyoti Sen ...for the o.p. no.2 Report along with enclosures submitted by the Officer-inCharge, Baranagar Police Station, Barrackpore Police Commissionerate be kept with the record. Along with the report, a statement of the de facto complainant has been recorded. The statement reflects that there was a matrimonial dispute out of which, there was a case and counter-case, which was registered for investigation. The contents in the statement reflect that in course of the proceedings pending before this Court, there has been a compromise between the parties and they are presently residing together.
Having regard to the nature of allegations and the genesis of the case, which arose out of matrimonial dispute, I am of the view that further continuance of Baranagar Police Station Case No.543 of 2019 (G.R. Case No.6012 of 2019) dated 19.10.2019 as also the orders passed therein should be quashed.
Accordingly, the criminal revision being C.R.R.3390 of 2019 is allowed.
Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.
All parties shall act in terms of copy of this order downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)