Syed Abu Raihan & ORS v. State Of West Bengal & ANR

10.08.2022

IN THE HIGH COURT AT CALCUTTA

Item No.60 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4130 of 2009 Syed Abu Raihan & Ors.

versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Syed Nurul Arefin, Mr. Rahul Singh ... For the Petitioners.

Md. Anwar Hossain, Ms. Manisha Sharma ... For the State.

Report dated 21.07.2022 submitted by Mr. Hossain, learned advocate appearing for the State be kept on record. The report encloses a statement of the victim lady viz. Syeda Mariya Bibi @ Suparna Mondal.

I find that there has been change of circumstances and the lady herself has stated that at the time of commission of the alleged offence in the petition of complaint, she was 21 years of age and to that effect, she has also enclosed Epic Card. The statement also contains that marriage was solemnized between the lady viz. Syeda Mariya Bibi @ Suparna Mondal and the accused/petitioner no.1. Having regard to the circumstances as depicted from the report which was on the foundation of the statement recorded by the police authorities as also the supporting documents, I am of the opinion that there has been change of circumstances and the larger interest of the society would be

protected, if further continuance of the proceedings are quashed.

Accordingly, all further proceedings of C.R. Case No. 899 of 2009 pending before the learned Judicial Magistrate, 1st Court, Paschim Medinipur are hereby quashed. The revisional application being CRR 4130 of 2009 is, thus, allowed.

All pending connected 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 with all requisite formalities.

(Tirthankar Ghosh, J.)