In Re : Dr. Anagh Banerjee vs The State Of West Bengal & Anr
2021 Latest Caselaw 4442 Cal

August 31, 2021 ARDR (64)

CRR 62 of 2018 + IA CRAN 3 of 2018 (Old CRAN 3559 of 2018)

In Re : Dr. Anagh Banerjee vs. The State of West Bengal & anr.,

Mr. Rajdeep Mazumder, Mr. Moyukh Mukherjee, ...for the petitioner.

Mr. Debasish Roy, Mr. Atis Kumar Biswas, Mr. Partha Sarkar, Mr. Amit Singh, .for the OP No.2.

Mr. Madhusudan Sur, Mr. Manoranjan Mahata, ...for the State.

Mr. Mazumder learned advocate appearing for the

petitioner has prayed for quashing of the proceedings relating to

GR case no. 969 of 2017 arising out of Rampurhat P.S. Case

no. 284 of 2017 dated 13/9/2017 pending before the learned

Additional Chief Judicial Magistrate, Rampurhat.

The main grievance of the petitioner is the initiation of the

instant proceedings which is subsequent to FIR registered by

one Sucheta Banerjee.

It has been brought to the notice of this Court by Mr. Roy

learned advocate appearing for the opposite party no.2 the de-

facto complainant that mere registration of Rampurhat P.S.

Case no. 284 of 2017 cannot be ip so facto be the basis of

interference with a subsequent proceeding. According to him

each and every case has its independent cause of action and are

to be tried separately.

Having regard to the fact regarding the date and time of

the offence as well as the nature of the offence which is

complained of and in respect of persons who had previous

history of knowing each other, I am of the view that both the

cases can be treated as case and counter-case.

Relying on the principles set out by the Hon'ble Apex

Court in the case of Sudhir & ors. v. State of M.P. reported in

(2001) 2 SCC page 688, I am of the view that Rampurhat P.S.

no. 283 of 2017 dated 13.9.2017 and Rampurhat P.S. Case no.

283 of 2017 dated 13/9/2017 are to be tried by the same

Magistrate. The evidence would be recorded one after the other.

However, the learned trial Court will not pronounce the

judgment, if any, of the trial is completed on an early date.

On the same day, the learned trial Court would deliver

the judgment of both the cases.

With the aforesaid observations CRR 62 of 2018 is

disposed of.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

Learned trial Court is directed to act on a server copy of

this order, duly downloaded from the official website of this

Court.

(Tirthankar Ghosh, J.)