Rimpa Sarangi & Anr vs The State Of West Bengal & Anr
2021 Latest Caselaw 5673 Cal

D/L8                              C.R.R. No.2189 of 2021
November                          (Via Video Conference)
15, 2021
   Bpg.

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

Rimpa Sarangi & Anr.

Versus The State of West Bengal & Anr.

Mr. Sabir Ahmed, Mr. Somnath Sarkar, Mr. Mujibar Ali Naskar, Mr. Shraman Sarkar, Mr. Hillol Saha Podder.

...for the petitioners.

Mr. Sabir Ahmed, learned advocate appearing on behalf

of the petitioners prays for quashing of the proceedings on the

ground that the police authorities have registered the case almost

after four months of the incident. Learned advocate further submits

that initially it was the present petitioners who complained to the

police authorities regarding the act/conduct of the complainant and

his associates for which Jhargram (Women) Police Station Case

No.95 of 2020 dated 30.08.2020 was registered for investigation

under Sections 341/509/506/34 of the Indian Penal Code.

According to the learned advocate, as charge-sheet has

already been submitted in connection with the said case being

Jhargram (Women) Police Station Case No.95 of 2020, then there is

no scope for the subsequent case being NCR Case No.29 of 2021

dated 14.01.2021 coming into effect as the outcome of the first

investigation could have revealed the incidents which have been

reflected in the subsequent case. The subsequent case is an

afterthought one, and is an abuse of the process of law, as such,

the same should be quashed.

I find that the complainant and the accused persons

have filed their cases against each other which have been

independently investigated by the investigating authority and on

completion of investigation each of the case, the police authorities

have placed their opinion before the learned court, and the learned

court took cognizance of the offence.

Learned CJM, Jhargram is directed to see that whether

the contents of the Jhargram (Women) Police Station Case No.95 of

2020 and NCR Case No.29 of 2021 dated 14.1.2021 are case and

counter-case. In case, the learned CJM, Jhargram comes to the

conclusion that the two cases are case and counter-case, the leaned

CJM, Jhargram would deal with both the cases himself or delegate

to a particular Magistrate who would try the cases one after the

other and deliver the judgment on the same date.

Needless to state that the issues so raised before this

Court were restricted to the contents of the revisional application

and this Court has not gone into the truth and falsity of the

allegations. As such, the learned Magistrate trying the case would

independently consider the issues and arrive at his own finding by

ignoring any of the observations made by this Court while disposing

of the present revisional application.

No interference is called for at this stage before this

Court.

Accordingly, CRR 2189 of 2021 is disposed of.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)