Md Israil And ANR v. State Of West Bengal And ANR

21-12-2020 Subrata \ item no.51

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction C.R.R. No.1703 of 2020 Md. Israil & Anr.

-vsThe State of West Bengal & Anr.

with CRAN No.1 of 2020 Mr. Moyukh Mukherjee Mr. Koustav Lal Mukherjee Mr. R. Alam ...for the petitioners Mr. Sudip Ghosh Mr. Bitasak Banerjee ... for the State Mr. Anirban Dutta Mr. Siddhartha Deb Roy ...for opposite party no.2 An affidavit dated December 17, 2020 along with a postal envelope, pursuant to the last order dated December 7, 2020, submitted on behalf of the second opposite party in court be taken on record.

A report dated December 11, 2020 filed by the investigating officer of the case is submitted on behalf of the State also be taken on record.

The contents of the report dated December 7, 2020 reflects that a notice under section 160 CrPC dated December 8, 2020 via email was issued to the second opposite party; and that the second opposite party has informed the investigating officer of the dispute being amicably settled, and a joint compromise petition being preferred before the High Court at Calcutta.

In view of the offence complained of which is a private and personal in nature, so far as the allegations in Ekbalpore PS Case No.221 of 2020 dated July 26, 2020 is concerned, I do not find that further continuance of the proceedings is necessitated in view of

the compromise arrived at between the parties. Accordingly, all further proceedings in connection with Ekbalpore PS Case No.221 of 2020 dated July 26, 2020 are hereby quashed.

However, the report of the investing officer reflects that there have been certain violations under the Kolkata Municipal Corporation Act, 1980 in respect of property taxes being unpaid to the concerned authorities. In view of such allegations made by the investigating officer of the case, he is directed to send the intimation to the concerned department of the Kolkata Municipal Corporation who could proceed in accordance with law. Accordingly, CRR No.1703 of 2020 along with CRAN No.1 of 2020 is allowed.

The investigating officer of the case is present in court. His further appearance is dispensed with.

[Tirthankar Ghosh, J]