Sri Arindam Dutta vs The State Of West Bengal & Ors
2021 Latest Caselaw 744 Cal

29.01.2021                IN THE HIGH COURT AT CALCUTTA
Item No.2                 CRIMINAL REVISIONAL JURISDICTION
Ct.No.25
   dc.
                                  C.R.R. 368 of 2018


                                  Sri Arindam Dutta
                                         versus
                           The State of West Bengal & Ors.


             In Re: An Application filed in connection with judgment and
             order dated 12.12.2017 passed by the learned Additional
             Session Judge, 1st Court, Hooghly in an appeal under Section
             341 of the Code of Criminal Procedure being Criminal Appeal
             No. 02 of 2017.


                   The present revisional application firstly appeared on

             30.04.2018    when     an    adjournment      was    sought     for.

             Subsequently the matter again appeared on 15.05.2018 when

             none appeared on behalf of the petitioner.

                   Today also when the matter has been called, no one

             appears on behalf of the petitioner.

                   The petitioner is aggrieved by the judgement and order

             dated 12.12.2017, wherein the learned Sessions Judge was

             pleased to dismiss the appeal preferred under Section 341 of

             the Code of Criminal Procedure specifically holding as follows:


                   "In the present case, after going through the complaint and
                   the evidence of respondent No.2 it does not appear to me

that the evidence of respondent No.2 is false to such an extent that it is necessary to draw up proceeding against her in the interest of justice. On perusal of the impugned order I find that Ld. Magistrate considered the discrepancies in the evidence of respondent No.2 and came to the conclusion that those were minor discrepancies and does not warrant prosecution u/s 193 IPC. It can also be seen that Ld. Magistrate took into consideration direction of the Supreme Court in the case of Iqbal Singh Marwah vs. Meenakshi

Marwah, (AIR 2005 SC 2119) and passed a well reasoned order and I find nothing illegal in the said order that calls for interference from this Court."

I have taken into account the reasons so assigned by

the learned appellate court for refusing to interfere thereby

calling upon prosecution under Section 193 of the Indian

Penal Code. Having regard to the reasons so assigned by the

learned Sessions Judge, I am of the opinion that no further

interference is called for from this Court. As such, the

revisional application, being CRR 368 of 2018, is dismissed.

(Tirthankar Ghosh, J.)