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Calcutta High CourtCRR/4009/2011dismissed for default

Sudipta Sarkar v. State Of West Bengal

2022-02-17Honble Justice Ananda Kumar Mukherjee2 pages

17.02.2022 Sl. No. 13 Court No.35 BM (Via Video Conference) C.R.R. 4009 of 2011 Sudipta Sarkar Vs.

State of West Bengal Mr. Binay Kumar Panda Mr. Pravas Bhattacharya .... for the State This matter is listed today for hearing as 'Motion'. None appear for the petitioner. Mr. Binay Kumar Panda along with Mr. Pravas Bhattacharya, learned advocates appear for the State/opposite party. Concerned authority is directed to regularise the appointment of the State advocates.

The petitioner prayed for quashing of proceeding arising out of Habra Police Station case No.47 dated 08.02.2010 under Sections 341/323/379/325/307/506/34 of the Indian Penal Code, giving rise to G.R case No.563 of 2010 pending before the learned Chief Judicial Magistrate at Barasat. It has been stated in the application in paragraph 5 that charge sheet has been submitted in this case. According to the petitioner, he is innocent and has been falsely implicated by the complainant. I find that by order dated 29.07.2010 cognizance has been taken by the jurisdictional court and the same is pending for ER of WA.

Heard learned advocate for the State. There was stay in connection with this case for a period of eight weeks from

23.12.2011. Therefore, it is presumed that no further proceeding has been stayed and by now the learned Magistrate may have disposed of the proceeding. The revisional application appears infructuous and is dismissed for default.

Let a copy of this order be sent to the learned Chief Judicial Magistrate, Barasat for information.

(Ananda Kumar Mukherjee, J.)