Calcutta High Court (Appellete Side)
Pawan Kumar Ruia vs The State Of West Bengal on 26 October, 2016
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
155. 26.10.2016.
Ct, No. 07 (V.B.) F.B. & K.B. CRR No. 3543 of 2016 Pawan Kumar Ruia Vs. The State of West Bengal In the matter of : An application under Section 482 of the Code of Criminal Procedure, 1973.
Mr. Bikash Ranjan Bhattacharyya, Mr. Gurudas Mitra, Mr. Sabyasachi Banerjee, Mr. A. Agarwalla, Mr. B. M. Joshi ..... For the Petitioner.
Mr. Prasun Dutta, Mr. Pawan Kumar Gupta ..... For the State.
The petitioner has filed the present CRR application for quashing of the proceedings of Dum Dum Police Station Case No. 1003 dated 18th of October, 2016 under Sections 427/435/436/120B of the Indian Penal Code pending before the Court of the learned Additional Chief Judicial Magistrate, at Barrackpur, 24-Parganas (North).
Mr. Bhattacharyya, learned senior advocate appearing for the petitioner submits that the petitioner is no way involved in the alleged offence and his name has been falsely implicated in the proceedings. Therefore, proceedings should be quashed.
2Mr. Dutta, learned Additional Public Prosecutor appearing along with Mr. Pawan Kumar Gupta, learned advocate vehemently opposed the submission of Mr. Bhattacharyya.
Mr. Dutta submits that the petitioner's involvement is very much there in the proceedings. Therefore, full-fledged investigation is required to be done and in the said investigation the petitioner's co-operation is also very much required.
Considering the submissions of learned advocates appearing for the parties and after perusing the records, there is no scope to stay the proceedings at this stage.
The petitioner is directed to co-operate with the Investigating Officer. So long the petitioner will co-operate with the Investigation Officer, no coercive action shall be taken against the petitioner.
The matter will appear before the regular Bench in the Combined Monthly List of December, 2016.
Mr. Dutta, who is appearing for the State has already been served with the copy of application.
Criminal Section is directed to supply urgent Photostat certified copy of this order to the petitioner, if applied for, upon compliance of all necessary formalities.
( Samapti Chatterjee, J. )