Basudev Roy v. State Of West Bengal & ORS

akb 13.7 Ct. No. 40 C.R.R. 4013 of 2012 In the matter of : Basudev Roy ....Petitioner Mr. Pravash Bhattacharya Ms. Ayantika Roy ...For the State None appears on behalf of the petitioner. Mr. Pravash Bhattacharya, learned Advocate and Ms. Ayantika Roy, learned Advocate appearing on behalf of the State.

The instant application is filed under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated July 31, 2012 passed by the Court of the learned Additional Sessions Judge, Fast Track Court No. 3 at Barrackpore in Sessions Trial Case No. 25(4) of 2008. On perusal of the application as well as annexures filed therein it appears that this is not a fit case for exercising jurisdiction under Section 482 of the Code of Criminal Procedure as the same provision cannot be used to circumvent any statutory provisions of law. Accordingly, the instant application stands dismissed on merit.

( Sugato Majumdar, J. )