Md. Yusuf And ORS v. State Of West Bengal And ANR

C.R.R.4123 of 2022 D/L3 21.06.2023 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Md. Yusuf and others

Versus

State of West Bengal and another Mr. S. Ray, Mr. Avirup Chatterjee.

...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld.P.P., Ms. Faria Hossain, Mr. Anand Keshari.

...for the State.

CRAN 1 of 2023 is taken up for hearing by treating the same as on day's list.

Report filed by the learned advocate for the State has already been kept on record on 10.05.2023. The report is enclosed along with a statement of Md. Yusuf at whose instance the case was initiated. It has been categorically stated in the statement which has been recorded by the police officer that he intends to withdraw the case and do not intend to proceed further with Ekbalpore Police Station Case No.250 dated 18.05.2018.

Having taken into consideration the statement of the de facto complainant, I am of the view that further continuance of the proceedings would, in fact, disrupt the change of circumstances which is between the relatives.

Accordingly, further proceedings of Ekbalpore Police

Station Case No.251 dated 13.05.2018 corresponding to CGR Case No.2022 of 2018 wherein charge-sheet has been submitted under Sections 324/34 of the Indian Penal Code which is pending before the learned Chief Judicial Magistrate, Alipore is hereby quashed. Consequently, CRR 4123 of 2022 along with CRAN 1 of 2023 is allowed.

Pending any other applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order 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 compliance of all requisite formalities.

(Tirthankar Ghosh, J.)