Samrat Pal @ Samrat Paul vs The State Of West Bengal & Anr
2022 Latest Caselaw 5578 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                      CRR 2103 of 2022



                    Samrat Pal @ Samrat Paul
                               Vs.
                 The State of West Bengal & Anr.




      Mr. Atis Kumar Biswas
      Mr. Jyoti Agarwal
                        ...for the petitioner

      Mr. Partha Sarkar
                  ...for the de facto complainant

      Mr. Madhusudan Sur, APP
      Mr. Dipankar Paramanick
                       ...for the State




Item No.82


Heard & Judgment on:          17.08.2022
                                   2




Bibek Chaudhuri, J.

Having heard the learned advocates for the petitioner, the

de facto complainant and the learned P.P.-in-charge and on

careful perusal of the order dated 4th Septmber, 2021 and 7th

October, 2021, I do not find any illegality or impropriety in the

order impugned. Therefore, I do not find any scope to interfere

with the impugned order in the instant revision. However,

considering the fact that over and above administrative decision

taken by the State Government for withdrawal from prosecution

against the accused persons, it is ascertained from the record

that the dispute between the parties has been amicably settled.

Therefore, while considering an application under Section 321 of

the Code of Criminal Procedure the de facto complainant stated

on oath during cross-examination that she has no allegation at

present against the petitioner. Considering such aspect of the

matter, the learned Magistrate is requested to examine all

charge sheeted witnesses by 30th September, 2022.

It is expected that on conclusion of recording evidence on

behalf of the prosecution, the accused persons will be examined

under Sections 313 of the Code of Criminal Procedure and the

learned trial Court shall proceed with hearing argument and

delivery of judgment before Puja vacation.

With the above direction, the instant revision is disposed

of.

(Bibek Chaudhuri, J.)