Bikash Mondal v. State Of West Bengal & ANR

23.2.2023 SB Ct. No.236 CRR 4072 of 2009 In the matter of : Bikash Mondal This criminal revision under Section 482 of the Code of Criminal Procedure, challenges the proceeding being G.R. No. 3296/2008 pending before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas correspondening to Ghola P.S. Case No. 203/2008 dated 02.11.2008. None is appearing on behalf of the petitioner. This criminal revision under consideration was filed on 03.12.2009. Thereafter, the matter appeared on 06.12.2012. The petitioner Bikash Mondal has filed this application to quash the proceeding registered at the instance of his wife under Sections 498A/406/34 of the Indian Penal Code.

It appears from the materials on record that after investigation police submitted charge sheet against the accused person who happens to be the petitioner before this Court. The accused surrendered to the jurisdiction of the learned Trial Court and admitted on bail. As no order of stay was passed, there is every reason to presume that the trial of this case either is going on before the learned Trial Court or has reached its logical conclusion.

At this stage I do not consider it fit to quash the proceeding. The criminal revision along with application, if any, stands dismissed, without any order as to costs.

Let a copy of the order sheet be sent to the learned Trial Court for information and necessary action.

(Siddhartha Roy Chowdhury, J.)