Joydeep Sarkar And ORS v. State Of West Bengal And ANR

21.03.2024 Serial no. 1 [G.S.D] CRR 4148 of 2023 In the matter of : Joydeep Sarkar & Ors.

... ... Petitioners Mr. Dhananjay Banerjee Ms. Oindrila Ghosh ... for the petitioners Mr. Swapan Banerjee Md. Kutubuddin ... for the State Pursuant to the earlier order dated 19.3.2024, the inspector in charge of Uttarpara Police Station along with the recording officer is present before this court and has submitted a report along with the explanation. The report encloses the statement as well as the declaration of the private opposite party no.2, namely, Mitali Sarkar @ Karmakar.

The report reflects that the o.p. no.2 do not intend to pursue and/or withdraw Uttarpara P.S. Case No. 589 of 2016 dated 25.9.2016.

The said case was initiated under sections 498A/406/323/34/420 of the IPC and the genesis of the same is matrimonial dispute and discord.

Having regard to the changed circumstances including the statement and the declaration so enclosed along with the report, I am of the view that further

continuation of Uttarpara P.S. Case No. 589 of 2016 dated 25.9.2016, wherein after conclusion of investigation charge sheet was submitted before the ld. ACJM, Serampore, Hooghly, be hereby quashed.

With the aforesaid observations, CRR 4148 of 2023 is allowed.

Pending application, if any, is also disposed of. The inspector in charge of Uttarpara P.S. and the recording officer is present in court.

Their further appearance before this court is dispensed with. Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)