Erica Rustom Taraporevala vs State Of West Bengal & Anr

Citation : 2023 Latest Caselaw 7454 Cal
Judgement Date : 28 November, 2023

Calcutta High Court (Appellete Side)

Erica Rustom Taraporevala vs State Of West Bengal & Anr on 28 November, 2023

    63
28.11.2023
Court No.237
    pg.
                               IN THE HIGH COURT AT CALCUTTA
                             CRIMINAL REVISIONAL JURISDICTION
                                      APPELLATE SIDE

                                      CRR 2567 of 2017

                                  Erica Rustom Taraporevala
                                              Vs.
                                  State of West Bengal & Anr.



                    Mr. Phiroze Edulji
                    Mr. Dipendra Nath Chunder
                    Mr. Sagnik Mukherjee
                                     ... For the petitioner

                    Mr. Swapan Benerjee
                    Mr. Suman De
                                   ... For the State

                    Ms. Subhasree Palit
                                    ... For the opposite party no.2


               1.

Learned advocates appearing on behalf of the contesting parties to this revisional are present. State is also being represented by the learned advocate.

2. Learned advocate appearing on behalf of the petitioner has referred to a judgment passed by a co-ordinate Bench in connection with CRR 1254 of 2023 in respect of proceeding in connection with Survey Park Police Station Case No.17 dated 17th January, 2017 under Section 120B/406/506/420/467/468/471 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Alipore, 24-Parganas (South). By the judgment dated 3rd October, 2023 in connection with CR 1254 of 2023, it was found that the co-ordinate Bench already quashed the proceeding in connection with Survey Park Police Station Case 2 No.17 dated 17th January, 2017 under Sections 120B/403/406 of the Indian Penal Code pending before the learned 8th Judicial Magistrate at Alipore.

3. From the order dated 13th October, 2023 passed in connection with ACGR 299 of 2017, it appears that the learned Judicial Magistrate, 8th Court, Alipore, 24-Parganas (South), also disposed of the case arose out of Survey Park Police Station Case No.17 dated 17th January, 2017 under Sections 120B/403/406 of the Indian Penal Code pursuant to the judgment passed in CRR 1254 of 2023 on 3rd October, 2023.

4. Learned advocate appearing on behalf of the contesting opposite party no.2 submits that necessary order may be passed.

5. On careful perusal of the instant revisional application, I find that the proceeding challenged in this application has already been quashed by the co-ordinate Bench in connection with CRR 1254 of 2023. Thus, continue with this proceeding has become infructuous.

6. In such circumstances, the revisional application stands disposed of.

7. Criminal Section is directed to supply certified copy of this order, if applied for, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)