Smt Sandhya Roy & ORS v. Smt Mridula Roy & ORS
rkd 03.04.2024 Ct. no.17 C.R.R. 4143 of 2015 (IA NO: CRAN 1/2016(Old No: CRAN 3475/2016) In the matter of: Smt. Sandhya Roy & Ors.
....petitioners.
None appears on behalf of the parties even on second call. They were also not appeared on the last occasion. This revisional application has been pending since 2015 on the application of petitioner Smt. Sandhya Roy and others made under Section 482 of Cr.P.C for quashing of proceeding of CN No.0020678 of 2015 under Sections 406/420/120B of IPC pending before the learned Metropolitan Magistrate at Calcutta. It appears from the materials available on record that Smt. Mridula Roy and others had filed their written complaint to the Court of Learned CMM, Calcutta on 30th December, 2014 upon which a formal FIR was registered on the basis of the complaint. Formal FIR Girish Park P.S. Case No.
491 dated 30th December, 2014 under Sections 420/406/468/471/120B of IPC was started against the petitioner Sandhya Roy and others and after investigation charge sheet being No. 61 of 2015 dated 15th July, 2015 was submitted against the petitioners with the findings that the dispute between the parties is civil in nature. Accordingly, the investigation was closed declaring it as civil in nature with a prayer to discharge the persons from the instant case.
It appears from the order dated 20th July, 2015 of Ld. CMM, Calcutta that direction to issue notice to the defacto complainant was passed. On 18th September, 2015 examination
of Anjula Roy under Section 200 of Cr.P.C. was completed and direction to issue summons upon the accused persons was passed. The matter is still pending before the trial Court. The issue involved in this case is triable in nature. Accordingly, I do not find any irregularity in the proceedings impugned. The intervention of this Court is not required.
Accordingly, the revision application stands dismissed on the basis of materials available on record.
Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Uday Kumar, J.)