Prabir Chatterjee vs The State Of West Bengal & Anr
2022 Latest Caselaw 2104 Cal

Form J(2)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Appellate Jurisdiction
                                   Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                         C.R.R. 2622 of 2000
                            With
 IA NO. CRAN 1 of 2000 (Old No.CRAN 1055 of 2000), CRAN 2
           of 2002 (Old No. CRAN 422 of 2002), CRAN 3 of
                   2003 (Old No. CRAN 987 of 2003)

                              Prabir Chatterjee
                                Vs.
                  The State of West Bengal & Anr.

For the Appellant         :    Mr.Rajdeep Majumder, Adv.
                               Mr.Mayukh Mukherjee, Adv.
                               Ms. Aishwarya Bazaz, Adv.


For the State :                Mr. Binay Panda, A.P.P.
                               Ms. Puspita Saha, Adv.

Heard on                                 : 19.04.2022

Judgment On                              : 19.04.2022

Bibek Chaudhuri, J.

The instant revision has a chequered history. It also

demonstrates that how pendency of a criminal proceeding before the

High Court for about 22 years incurred hardship of the

accused/petitioner.

The petitioner came up before this Court by filing an application

under Section 482 of the Code of Criminal Procedure on 29 th

September, 2000 challenging an order dated 4 th June, 1999, passed

by the Judicial Magistrate, 1st Court at Alipore taking cognizance of

offence under Sections 420/406 of the Indian Penal Code on the basis

of charge sheet No.102 dated 16th March, 1999.

The dispute appears to be a fight between the intending

purchaser and the seller of a flat on the allegation made by the de

facto complainant/opposite party No.2 that the petitioner in spite of

acceptance of consideration money did not transfer a flat constructed

by him as a Promoter. On the basis of such complaint, police

registered Behala Police Station Case No.704 dated 18 th September,

1998 and charge-sheet was submitted on 16 th March, 1999 under

Section 420/406 of the Indian Penal Code.

The petitioner subsequently filed a supplementary affidavit on

11th March, 2022 stating, inter alia, that the flat in question was

transferred to the de facto complainant by registered deed of sale

dated 25th August, 2006. The de facto complainant took possession of

the flat, mutated his name in respect of the said flat, appointed a

licensee/tenant in the said flat and has been enjoying the flat as

apartment owner thereof. But the instant revision is pending as the

Court did not find any time to list the matter for hearing. In the

meantime, the order or stay granted by this Court on 25 th September,

2002 was vacated. Warrant of arrest was issued against the

accused/petitioner and subsequently by an order dated 7 th March,

2022, the execution of warrant of arrest was stayed by a Coordinate

Bench of this Court.

The bone of contention between the parties is about transfer of

a flat by the petitioner in favour of the opposite party No.2. Series of

notices were served upon opposite party No.2 but he has not

appeared presumably because after receiving possession of the flat in

question he has lost interest about this case.

Since the dispute between the parties is no longer subsistence,

this Court proposes to dispose of the instant revisional application

quashing the charge sheet filed against the petitioner. Both the

learned advocates for the petitioner and the Public Prosecutor-in-

Charge have agreed to the proposal.

For the reasons stated above, charge sheet No.102 dated 16 th

March, 1999 under Sections 420/406 of the IPC (BGR No.4467 of

1998) is quashed. With the above order, the instant revisional

application is disposed of. With the disposal of the instant revision, all

connected applications are treated to be disposed of.

Warrant of arrest issued against the petitioner be quashed.

(Bibek Chaudhuri, J.)