Sasthi Roy vs Unknown
2022 Latest Caselaw 5817 Cal

23. 08 . 2022

BP Sl. 16 CRR 2286 of 2021 Court no.42. With CRAN 1 of 2022

In the matter of: Sasthi Roy ...petitioner

Mr. Ranjan Kali Ms. Nabanita Dutta Mr. Suraj Bhattacharjee ..for the petitioner

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ..for the State

Affidavit of service filed in court today be kept

with the record.

It appears on examination of affidavit of service

that in spite of service of notice, the private opposite

party has not entered appearance.

Mr. Ranabir Roy Chowdhury, learned advocate

represents the State of West Bengal.

It is pointed out by the learned advocate for the

petitioner that during the pendency of the instant

criminal revision a Co-ordinate Bench quashed

prosecution report submitted in connection with

N.G.R. No. 773 of 2021 by the Bidhannagar Police

Station under Section 107 read with Section 116 of

the Code of Criminal Procedure in WPA 12742 of 2021

vide order dated 11th February, 2022.

In view of quashment of N.G.R. No. 773 of 2021

in WPA 12742 of 2021, a proceeding under Section

108 of the Code of Criminal Procedure cannot exist.

Hence, the instant revision becomes infructuous.

Accordingly, the instant revision is disposed of

being infructuous and the interim order passed by

this court is vacated. The parties are at liberty to seek

for appropriate relief in the trial court in view of the

judgment passed in WPA 12742 of 2021 dated 11 th

February, 2022 in respect of the proceeding under

Section 108 of the Code of Criminal Procedure.

(Bibek Chaudhuri, J. )