Sanamaz Mallick@Bapi Mallick v. Sk Suiraf Ali & ANR

Sr.26 23-09-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 3280 of 2012 In the matter of : Sanamaz Mallick @ Bapi Mallick ....petitioner. In Re : An application under Section 482 of the Code of Criminal Procedure.

Ms. Manisha Sharma .....for the State.

The revisional application was preferred challenging the proceedings being Uluberia P. S. Case NO. 486 of 2019 dated 25.11.2019 under Sections 363/366A of the Indian Penal Code.

The petitioner approached this court after the investigation was concluded and chargesheet was submitted before the jurisdictional court.

As none appeared on behalf of the petitioner or for the State, Ms. Manisha Sharma, learned advocate who ordinarily appears for the State is directed to appear in this matter for assisting the court. Her appointment may be regularized by the concerned authorities in due course. I have perused the contentions advanced in the revisional application and I find that the petitioner has

submitted that there has been a compliance between the petitioner and the de facto complainant and the same was submitted before the learned Magistrate and the learned Magistrate has refused to entertain the same. Having regard to the nature of the offence and the fact that the investigating agency has arrived at a conclusion, I am also of the view that there was no illegality in the order passed by the learned Magistrate as the compromise cannot be allowed in offence under Section 363/366A of the Indian Penal Code.

Accordingly, the present revisional application being CRR 3280 of 2012 is dismissed.

All pending applications, if any, in connection with revisional application, are consequently disposed of. Interim order, if any, is hereby vacated.

All parties are to act on the server copy of this order duly downloaded from the official website of this court. ( Tirthankar Ghosh, J. )