Citation : 2022 Latest Caselaw 6483 Cal
Judgement Date : 12 September, 2022
Form J(1) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
CRR 2809 of 2022
With
CRAN 1 of 2022
Anil Kumar Damodar @ Mr. Anil Damodar Kurup
Vs.
The State of West Bengal & Anr.
Mr. Apalak Basu
Mr. Subhankar Chakraborty
..for the petitioner
Mr. Srinjoy Sengupta
Mr. R. Makur
..for the opposite party
Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Sandip Chakraborty
...for the State
Item No.03
Heard & Judgment on: 12.09.2022
2
Bibek Chaudhuri, J.
The petitioner/accused has filed the instant revision praying for
quashing of the proceeding in connection with Anandapur Police
Station Case No.15 of 2021 dated 12 th January, 2021 under Sections
408/468/471 of the Indian Penal Code corresponding to ACGR case
No.195 of 2021 presently pending before the learned Additional Chief
Judicial Magistrate, Alipore, South 24 Parganas. Be it noted here that
in connection with the above mentioned case, the Investigating
Officer submitted a charge sheet against the petitioner only under
Section 408 of the Indian Penal Code.
During pendency of the instant revision the parties have settled
their dispute amicably because of the fact that the dispute arose out
of a commercial transaction and such dispute has been amicably
settled. The Officer-in-charge of Anandapur Police Station was
directed to examine and record a statement of the de facto
complainant /opposite party to ascertain as to whether the dispute
has been voluntarily settled by the de facto complainant or not.
The Officer-in-charge of Anandapur Police Station has filed a
report, on perusal of which it is ascertained that the dispute between
the parties has been settled and the parties do not want to proceed
with the above mentioned criminal case.
In view of such circumstances, ACGR case No.195 of 2021
presently pending before the learned Additional Chief Judicial
Magistrate, Alipore, South 24 Parganas be quashed.
It is pointed out by Mr. Apalak Basu, learned advocate for the
petitioner that in order dated 22nd August, 2022 his name was
recorded as an advocate representing the opposite party. However,
Mr. Basu and Mr. Subhankar Chakraborty, advocates represent the
petitioner. On the other hand, Mr. Srinjoy Sengupta, advocate
represents the private opposite party and Mr. Sandip Chakraborty,
advocate represents the State of West Bengal, opposite party No.1.
Order dated 22nd August, 2022 be read as hereinabove so far as it
relates to representation of the parties on 22 nd August, 2022 as well
as this day.
The instant revision and the connected application are, thus,
disposed of.
(Bibek Chaudhuri, J.)
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