CRR/409/2012
2021 Latest Caselaw 4464 Cal

7 01.09.2021 jb.

C.R.R. 409 of 2012

In re: Arun Ghosh

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

Ms. Manisha Sharma ....For the State

The revisional application was preferred against the

judgment and order dated 29th November, 2011 passed by the

learnd Additional District and Sessions Judge, Fast Track

Court - II, Bichar Bhawan, Calcutta in connection with

Criminal Revision No. 272 of 2010. By the said judgement the

learned Appellate Court was pleased to confirm the judgment

and order of conviction and sentence dated 31st July, 2010

passed by the learned Metropolitan Magistrate, 9th Court,

Calcutta in connection with Case No. C/626/2005. The

sentence which was imposed by the learned Magistrate was a

fine of Rs.8,00,000 /- to be paid to the complainant, in

default, to suffer simple imprisonment for six months.

Records of the present revisional application reflect

that by an order dated 14th September, 2012 a co-ordinate

Bench of this Court directed the learned Metropolitan

Magistrate, 9th Court at Calcutta to verify the factum of

compromise and submit a report by 19th November, 2012.

Subsequent to such order, a report was submitted by the

learned Metropolitan Magistrate, 9th Court, Calcutta which

categorically states regarding the mode and manner in which

the amount would be paid. At the bottom of such report, it is

observed by the learned Magistrate that from the evidence of

the complainant and the documents furnished by him, it

becomes clear that the complainant is willing to compound

the offence against the convict.

Be that as it may, in view of the report so submitted by

the learned Metropolitan Magistrate, 9th Court, Calcutta the

judgement and order dated 29th November, 2011 passed by

the learned Additional District and Sessions Judge, 1st Court

in connection with Criminal Revision No. 272 of 2010 as also

the judgment and order of conviction and sentence dated 31st

July, 2010 passed by the learned Metropolitan Magistrate, 9th

Court in connection with Case No. C/626/2005 is hereby

quashed. The complainant/opposite party No. 1 is at liberty

to withdraw any amount which has been deposited in

connection with complaint case pending before the learned

Magistrate, 9th Court on proper identification being produced

before the learned Magistrate.

In view of the aforesaid, C.R.R. 409 of 2012 is partly

allowed.

Pending application, if any is consequently disposed of.

Interim order, if any is hereby vacated.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)