Sanjoy Agarwal v. State Of West Bengal And ORS.

D/L3 15.09.2022 Bpg.

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION C.R.R 116 of 2021 In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Sanjoy Agarwal

Versus

State of West Bengal and another Mr. Aditi Shankar Charkraborty, Mr. Ujjwal Luksom.

...for the State.

The revisional application was preferred challenging the proceedings of Special Case No.6 of 2021 arising out of Bhaktinagar Police Station Case No.502 of 2021 dated 20.05.2021 under Sections 447/323/506/34 of the Indian Penal Code read with Section 3 (1) (f)(g) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act with the amending provisions of 2015.

None appears for the petitioner.

Mr. Ujjwal Luksom, learned advocate appearing for the State submits that the case diary is available and there are materials appearing against the present petitioner along with the fact that the investigation of the case is still progressing. The petitioner has refused to respond to the notice under Section 41A of the Code of Criminal Procedure.

Having regard to the conduct of the petitioner and the fact that the process of collection of evidence by the Investigating Agency is still in progress as also prima facie case has been made out in the FIR, I am of the opinion that there is no scope for interference of this Court.

Accordingly, CRR 116 of the 2021 is dismissed. Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)