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Calcutta High Court (Appellete Side)

Shri Atanu Banerjee & Ors vs The State Of West Bengal & Anr on 16 June, 2022

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

 D/L7                               C.R.R. No.1226 of 2022
June 16,                                    With
 2022
                                      CRAN 1 of 2022
    Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Shri Atanu Banerjee & Ors.

Versus The State of West Bengal & Anr.

Ms. Kabita Mukherjee, Mr. Manas Dasgupta.

...for the petitioners.

Mr. Gourav Das.

...for the opposite party no.2.

Ms. Sreyashee Biswas.

...for the State.

Report submitted by the learned advocate for the State be kept with the record.

The present revisional application was preferred challenging the continuance of Barasat Women's Police Station Case No.70 of 2021 dated 14th August, 2021 under Sections 498A/406 of the Indian Penal Code pending before the learned Judicial Magistrate, 2nd Court, Barasat.

During the pendency of the revisional application, a joint compromise petition was preferred before this Court which was affirmed by the petitioner no.1 and the opposite party no.2.

Consequently, Ms. Biswas, learned advocate appearing for the State was directed to submit a report through the Investigating Officer of Barasat Women's Police Station. 2 Accordingly, today a report has been submitted enclosing the statement of the private opposite party no.2 as also the communication made to the Investigating Officer of Barasat Women's Police Station which reflects that the opposite party no.2 is not interested to pursue Barasat Women's Police Station Case No.70 of 2021 dated 14th August, 2021 (corresponding to G.R. Case No.3034 of 2021) under Sections 498A/406 of the Indian Penal Code pending before the learned Judicial Magistrate, 2nd Court, Barasat.

Accordingly, all further proceedings arising out of Barasat Women's Police Station Case No.70 of 2021 dated 14th August, 2021 (corresponding to G.R. Case No.3034 of 2021) under Sections 498A/406 of the Indian Penal Code pending before the learned Judicial Magistrate, 2nd Court, Barasat as also the charge- sheet so submitted is hereby quashed.

Thus, CRAN 1 of 2022 along with CRR 1226 of 2022 is allowed.

Interim order is hereby made absolute. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)