Subir Roy v. State

28.11.2022 14 to 16 SB Ct. No.236 CRR 3666 of 2005 CRAN 1 of 2007 CRAN 2 of 2008 + CRR 3667 of 2005 CRAN 1 of 2007 CRAN 2 of 2008 + CRR 3668 of 2005 CRAN 1 of 2007 CRAN 2 of 2008 In the matter of : Subir Roy The applications for revision are pending since 2005, I propose to dispose of the applications based on materials available with the record.

The criminal proceeding initiated when the learned SubDivisional Judicial Magistrate, Alipore having considered a petition of complaint forwarded the same to the Behala P.S. under Section 156(3) of Cr.P.C. Accordingly, Behala P.S. Case No. 328(9) was registered on 06.9.2004. Police took up investigation and submitted charge sheet under Section 420/406/120B of the Indian Penal Code against the petitioner.

None is found present to represent the petitioner before this Court. No step was taken by the petitioner to comply with the direction given on 01.9.2021. The matter is pending since 2005 I propose to dispose of the matter based on materials available with the record. Learned Trial Court having applied judicial mind was pleased to take cognizance of this case which indicates existence of prima facie case to go for trial. There is no reason to interfere with the impugned

order at this stage. However, this observation shall not influence learned Trial Court to take appropriate decision while framing charge. The revisional applications are bereft of merit and accordingly dismissed without any order as to costs.

The interim order, if any, stands vacated.

The copy of the order be sent down to the learned Trial Court for information and necessary action.

The parties shall act the server copy duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, upon completion of requisite formalities. (Siddhartha Roy Chowdhury, J.)