Calcutta High Court (Appellete Side)
3766/2009 on 1 October, 2010
..10.2010 C.R.R. 3766 of 2009 With C.R.R. 4462 of 2009 Mr. Anirbam Mitra .... For the petitioner Mr. Asimesh Goswami Mr. Pushpal Satpati ... For the O.P. No.2 Mr. S.S. Roy ... For the State Liberty is granted to the petitioners to amend the cause title including prayer portion of the application.
The case record being C.R.R. 3902 0f 2007 called for is produced. Heard the learned Advocate for the petitioners as well as the learned Public Prosecutor, High Court, Calcutta and perused the materials on record.
The present revisional application is directed against an order dated 10.8.2009 passed by learned Sessions Judge, Paschim Midnapur rejecting revisional application being C.R. 128 of 2009 preferred by the State and thereby confirming the order dated 19.4.2009 passed by learned Judicial Magistrate, Ghatal.
Learned Public Prosecutor, High Court, Calcutta submits that in the instant case arising out of Daspur P.S. Case No. 45 of 2004 dated 11.3.2004 corresponding to G.R. Case No. 94 of 2004 under Sections 341/323/427/379/34 of the Indian Penal Code State has decided to withdraw the case but in of the conflicting views of the learned Assistant Public Prosecutor and the communication, learned court below rejected the prayer 2 made under Section 321 of the Code of Criminal Procedure for withdrawal of the case by order dated 29.4.2009. Against the said order, the State preferred the revisional application being Criminal Revision No. 128 of 2009 before the learned Sessions Judge, Paschim Medinipur who confirmed the said order of the learned court below by order dated 10.8.2009.
Having heard the learned Advocates for both parties and on perusal of the materials on record, I find that at present it will be mere futile exercise of judicial power to move for trial since the State has decided after due consideration of the merits of the allegations to withdraw the case and obviously will not tender any evidence to substantiate the charges and mere continuation of such proceedings will lead to miscarriage of justice.
Therefore, for ends of justice, I am inclined to allow the prayer. The impugned order of the learned Sessions Judge, Paschim Medinipur dated 10.8.2009 passed in Criminal Revision No. 128 of 2009 and the order dated 29.4. 2009 passed by learned Judicial Magistrate,Ghatal in G.R. Case No. 94 of 2004 arising out of Ghatal P.S. Case No. 45 of 2004 are set aside and the prayer for withdrawal of the case made by the State is hereby allowed and the proceeding is quashed. The accused persons are discharged and released from their respective bail bonds.
The revisional application is accordingly disposed of. Certified Photostat copy of this order, if applied for, be given to the respective parties.
(Syamal Kanti Chakrabarti, J.) 3