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Calcutta High CourtWPA/24290/2023dismissed

Basudeb Sarkar v. State Of West Bengal And ORS.

2024-03-08Hon'Ble Justice Jay Sengupta2 pages

08.03.2024 WPA 24290 of 2023 Basudeb Sarkar -vsThe State of West Bengal & ors.

Mr. Sandipan Maity ...for the petitioner Mr. Suman Sengupta Ms. Amrita Panja Mallick Mr. Sanatan Panja ...for the State Report filed by the State along with a copy of the ssi Ct 14 statement of the victim recorded under Section 164 of the Code and a copy of the order dated 01.02.2024 passed by a Division Bench of this Court in CRM (A) 5291 of 2023 are taken on record.

It appears that the victim appeared before the concerned Magistrate and had a statement under Section 164 of the Code of Criminal Procedure recorded. She claimed to be an adult and gave a statement exonerating the accused private respondent. In fact, in the said statement, she categorically stated that the petitioner being the father of the alleged victim had lodged a false case against the accused. In view of the above, there is no merit in this application.

Accordingly, the same is dismissed.

However, there shall be no order as to costs.. Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)