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Calcutta High CourtCRR/4851/2023disposed

Nikunj Jhunjhunwala v. State Of West Bengal And ANR

2024-03-06Hon'Ble Justice Tirthankar Ghosh2 pages

06.03.2024 Serial no. 13 [G.S.D] CRR 4851 of 2023 With CRAN 1 of 2023 In the matter of : Nikunj Jhunjhunwala ... ... Petitioner Mr. Somo Priyo Chowdhury Mr. Avishek Bhandari Mr. Dipayan Dan ... for the petitioner Mr. A. Rakshit Ms. B. Chakraborty ... for the o.p. no.2 Mr. Debasish Roy Ms. Rita Datta ... for the State Report submitted by the ld. Advocate for the State be kept with the record.

Report has been prepared by the concerned officer of Bhowanipore P.S., which encloses the declaration of one Ritu Jhunjhunwala as well as her communication made to the officer in charge of Bhowanipore P.S.

From the declaration as well as the statement so recorded, it is reflected that the complainant, Ritu Jhunjhunwala, do not intend to pursue with Bhowanipore P.S. Case No. 140 of 2023 dated 17.7.2023.

Having considered the fact that the alleged offence which is under sections 406/420 of the IPC and are private and personal dispute and no offence involving the society or

public at large is involved, I am of the view that further continuation of the proceedings are unwarranted. Accordingly, all further proceedings of Bhowanipore P.S. 140 of 2023 dated 17.7.2023 (CGR No. 2230 of 2023) under sections 406/420 of the IPC pending before the ld. CJM, Alipore, is hereby quashed.

With the aforesaid observations, CRR 4851 of 2023 along with CRAN 1 of 2023 is allowed.

Pending application, if any, is also disposed of. 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.)