Mahesh Kumar Agarwal vs The State Of West Bengal
2022 Latest Caselaw 2639 Cal

06.05. 2022 item No.59 n.b.

ct. no. 34 CRR 2857 of 2013

Mahesh Kumar Agarwal Vs.

The State of West Bengal Mr. Arijit Ganguly, Ms. Debjani Sahu .....For the State.

The subject matter of challenge in this revisional application

relates to the order dated 8.7.2011 passed by the Learned

Metropolitan Magistrate, 12th Court, Calcutta as also the judgment

and order dated 16.1.2013 passed by the Learned Additional District

& Sessions Judge, 9th Fast Truck Court, City Sessions Court, Calcutta

in Criminal Revision No.65 of 2012.

The genesis of the case arise out of the refusal order in

respect of application under Section 239 of the Code of Criminal

Procedure which was passed by the Metropolitan Magistrate 12 th

Court, Calcutta and was affirmed by the Learned Revisional Court

being the 9th Fast Track Court, City Sessions Court, Calcutta.

The subject matter of the case relates to Shakespeare Sarani

Police Station case no.225 dated 22.6.2013(G.R. No. 1685 of 2003).

As none appeared on behalf of the State, Ms. Debjani Sahu,

learned advocate, who ordinarily appears for the State, is directed to

appear in this matter and represent the State. Her appointment may

be regularized by the concerned authority.

Having regard to the fact that there are concurrent finding of

facts and law by the Learned Trial Court as well as the revisional

Court, I do not find there are any exceptional question of law involved

for interference by this Court. As such, no interference is called for in

the order passed by the Learned Metropolitan Magistrate, 12 th Court,

Calcutta as well as Sessions Court.

Thus, CRR 2857 of 2013 is dismissed.

All pending connected applications, if any, are consequently

dispose 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.)