Narayan Maity v. State Of West Bengal

03.02.2023 cm CRR 3819 of 2013 In the matter of : Narayan Maity .... for the petitioner.

Mr. Prabir Kumar Mitra Ms. Subhanwita Ghosh Ms. Ariba Shahab .... for the petitioner.

Mr. Narayan Prasad Agarwal Mr. Pratick Bose .... for the State.

The petitioner has filed the instant revisional application with prayer to quash the charge-sheet being No. 89 of 2012 dated 04.07.2012 arising out of Chandipur Police Station Case No. 20/2012 dated 29.02.2012 under Section 273/328/326/308/120B of the Indian Penal Code, read with Section 46A of the Bengal Excise Act, 1909 pending before the Court of learned Chief Judicial Magistrate, Purba Medinipur.

The learned advocate for the petitioner submits that a coordinate Bench of this Court in CRR 4152 of 2012 has quashed the proceedings against the co-accused persons namely Debasish Das, Haradhan Jana, Asish Das and Netai Jana vide order dated 22.08.2022 and the present petitioner being similarly circumstanced and is entitled to get the same relief. The learned advocate for the State conceded to the same. Perused both the revisional application being CRR 4152 of 2012 as well as CRR 3819 of 2013 along with the case diary. From the

materials on record it transpires that the present petitioner is similarly circumstanced and is entitled to get the same relief. Accordingly, the proceedings pending against the present petitioner before the learned Chief Judicial Magistrate, Purba Medinipur be quashed.

The instant revisional application being CRR 3819 of 2013 is disposed of.

Let a copy of this order be sent to the concerned court immediately.

(Ananya Bandyopadhyay, J.)