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Calcutta High CourtCRR/4523/2024disposed

Dilip Jana v. State Of West Bengal And ORS.

2025-03-04Hon'Ble Justice Sugato Majumdar2 pages

IN THE HIGH COURT AT CALCUTTA

4.3.25 S.D Item no.47 Criminal Revisional Jurisdiction CRR 4523 of 2024 Dilip Jana -VsThe State of West Bengal & Ors.

Mr. Abdur Rakib Mr. S. Dey Mr. M. Mehedi Mr. S. Chatterjee Mr. Partha Pratim Sudra .... For the Petitioner. Mr. Jyotirmoy Talukdar Mr. Triptimoy Talukder .... For the O.P. Nos.2-5 Mrs. Faria Hassain Mr. R. Jana ... For the State. The instant application is filed against the impugned order dated 19th September, 2024 passed by the learned Additional Chief Judicial Magistrate, Serampore, Hooghly.

The petitioner's case is that the petitioner filed an application under Section 175(3) of BNSS before the said Court. This was filed on 30th July, 2024.

A preliminary enquiry report was ordered by the learned Court on 30th July, 2024. Subsequently, an enquiry report was submitted by the police, on the basis of which the learned Additional Chief Judicial Magistrate came to the conclusion that the dispute is nothing but a civil in nature and there is no incident of decoity or any other criminal activity as complained off. Sofar as the application is concerned, one part shows that the dispute is civil in nature for which the civil suit is pending. Sorfar as the criminal activities are concerned and alleged, the learned Additional Chief Judicial Magistrate observed that there is no iota of material to substantiate the allegations of criminal acts. The learned A.C.J.M duly considered the materials on record and

proceeded in accordance with law.

There is no infirmity of the order. Therefore, the impugned order invites no interference.

The Criminal Revision being CRR 4523 of 2024 stands disposed of accordingly.

(Sugato Majumdar, J.)