Manabendranath As @Ash v. The State Of West Bengal And ANR

20.01.2021 Item no.6 Ct. No.42 CHC C.R.R. No.1442 of 2020 (Physical Hearing) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of:- Manabendranath As @ Ash .....petitioner Ms. Sayanti Santra, Mr. Tanmoy Kumar ... for the petitioner Mr. Ranabir Roy Chowdhury ... for the State Ms. Komal Shaw ...for LIC/o.p.no.2 The revisional application under Section Cr.P.C.

proposing quashment is solely on the ground that petitioner is not in any way connected with the alleged incident. Learned advocate representing the petitioner submits that previously in consequence of false implication, petitioner was chargesheeted with others. Against the submission of chargesheet, the instant prayer for quashing the proceeding was filed. In connection with this pending revisional application, a report was called for directing the Officer-in-Charge Uluberia Police Station to depute an officer of his choice to conduct further investigation and submit thereafter the progress report before Court. The report appears to have been called for to clarify some points raised

by the petitioner contending his false implication in the instant case.

Mr. Ranabir Roy Chowdhury, learned advocate representing the State is present with Investigating Officer in Court and furnishes a report, submitted by S.I., Avishek Roy dated 20.1.2021.

Let the report be taken on record.

It appears from the report that after sufficient investigation police submitted supplementary charge-sheet on 19th January, 2021 against some of the accused persons, who are not involved in this case, with a proposal for discharging the accused/petitioner for want of materials being collected against petitioner/revisionist.

It is also submitted by Mr.

Roy Chowdhury that supplementary charge-sheet has already been submitted before the learned Magistrate concerned. That being the position, when supplementary charge-sheet has been submitted proposing a prayer for discharge, the revisional application may be disposed of granting proposed quashement of pending case in court below qua the petitioner (Manabendranath As @ Ash). With this direction/observation, the instant revisional application stands disposed of.

I.O. be released accordingly.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Subhasis Dasgupta, J.)