Shivam Shaw @ Shibam Shaw And Others v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 25-11-2022 Subha Item 171 Ct no.34 CRR 4084 of 2022 with CRAN 1 of 2022 Shivam Shaw @ Shibam Shaw & Ors.

-versus- State of West Bengal & Anr.

Mr. Saryati Dutta ....for the petitioners.

Mr. Arijit Ganguly Mrs. Sujata Das ......for the State.

Ms. Rajnandini Das ....for the opposite party no. 2.

Petitioners have approached for quashing of the proceedings relating to Baranagar P. S. Case No. 815 of 2016 dated 01.11.2016 under Sections 341/323/354/506/34 of the Indian Penal Code. Pursuant to the application being CRAN 1 of 2022 being filed before this court, Mr. Arijit Ganguly, learned advocate who ordinarily appears for the State was directed to call for a report from the Officerin-Charge, Baranagar PS. asking him to record the further statement of the complainant, Senjuti Chattopadhyay. The statement of the complainant reflects that subsequently there has been change of circumstances as they have developed their relationship and are cordially staying.

The lady has further stated that she do not intend to proceed with the criminal case. A communication has also been sent by the lady to the Officer-in-Charge, Baranagar PS wherein she has

expressed not to pursue the said criminal case. Having considered the changed circumstances, I am of the opinion that as the chances of conviction are bleak, further continuance of the proceedings of Baranagar P. S. Case No. 815 of 2016 dated 01.11.2016 is unwarranted and, is, hereby quashed. Report submitted by the Officer-in-Charge, Baranagar Police Station through the learned advocate appearing for the State be kept with the record.

Accordingly, the present revisional application being CRR 4084 of 2022 along with CRAN 1 of 2022 is allowed. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]