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Calcutta High CourtCRR/3638/2014dismissed as infructuous

Pankaj Adhikary & ANR v. State Of West Bengal And ANR

2023-05-15Hon'Ble Justice Subhendu Samanta2 pages

15.05. 2023 item No.1(SL) n.b.

ct. no. 551 CRR 3638 of 2014 Pankaj Adhikary & Anr.

Vs.

State of West Bengal & Anr.

Mr. Jayanta Samanta, Ms. Karunamoyee Samanta, ... for the petitioners.

The matter appears under supplementary cause list. Learned advocate for the petitioners submits that administrative notice was served upon the present petitioners. It was directed that the police must ensure their personal appearance before this Hon'ble Court.

It is the submission of the learned advocate for the petitioners that the criminal proceeding being GR Case No. 1609 of 2011 in respect of petitioner Jayanta Chowdhury was quashed by the order Hon'ble Court passed in CRR no.751 of 2018 on 20.1.2021 and the criminal proceeding being GR no. 1609 of 2011 in respect of petitioner Pankaj Adhikary was also quashed by this Hon'ble Court vide CRR 01 of 2016 dated 13.7.2017. Learned advocate for the petitioners also submits on instruction (written) that the instant criminal revisional application was filed for transfer of the GR Case no.1609 of 2011 from the District of Malda to another district. As the criminal proceeding (GR case no. 1609 of 2011 arising out of English Bazar P.S. case No. 309 dated 21.5.2021) has already been quashed by this Court, so,

the instant criminal revisional application being No.3638 of 2014 has become infructuous. By written instruction, he submitted that the petitioners are not intending to proceed with this matter. So, he prayed for necessary order.

Heard the learned advocate. Perused the copy of order of CRR No.751 of 2018 and CRR No. 01 of 2016.

It appears that the criminal proceeding have already been quashed by this Court by two separate orders, thus, the instant criminal revisional application for transfer of that criminal case has become infructuous.

After taking on record the written instruction, the prayer of the present petitioner is consequently allowed. Let the instant criminal revisional application is disposed of as not pressed.

The orders passed by this Court for personal appearance of the petitioners before this Court is, consequently, vacated. Any further order/orders earlier passed by this Court during continuation of the instant revisional application is vacated. Connected CRAN applications, if pending, are also dispose of.

The written instruction, copy of order dated 20.1.2021 passed in CRR No. 751 of 2018 and order dated 13.7.2017 passed in CRR no. 01 of 2016 are kept in the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Subhendu Samanta, J.)