Gouranga Biswas & Ors vs State Of West Bengal & Anr
2023 Latest Caselaw 2976 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                         C.R.R. 383 of 2023
                      Gouranga Biswas & Ors.
                                Vs.
                    State of West Bengal & Anr.

For the petitioners       : Mr. Tapan Datta Gupta, Adv.
                            Ms. Parvej Anam, Adv.
                            Mr. Nilanjan Sarkar, Adv.

For O.P.No.2              : Mr. Bikash Kumar Roy, Adv.

Heard on                 : 27.04.2023.

Judgment On              : 27.04.2023.

Bibek Chaudhuri, J.

The petitioner have approached this Court for quashment of

further proceeding in connection with A.C.G.R Case No.6812 of 2016

arising out of Garfa P.S Case No.391 of 2016 dated 30 th November, 2016

under Sections 323/324/114 of the Indian Penal Code pending before

the Court of learned Judicial Magistrate, 4th Court at Alipore.

It appears from the materials on record that the original case

record of A.C.G.R Case No.6812 of 2016 is not traceable. The learned

Judicial Magistrate, 4th Court passed an order dated 7th January, 2023

that the record of A.C.G.R Case No.6812 of 2016 needs to be

reconstructed and for such purpose he has already moved the learned

District Judge, 24 Parganas, South for necessary permissions. However,

the permission has not been received by the learned Magistrate as yet.

In the absence of the original case record, this Court is not in a

position to admit the instant revision.

However, it is found from the record that both the de-facto

complainant as well as the accused persons have filed joint petition for

compromise before the Trial Court. The learned Court below could not

dispose of the said application for want of the original case record.

In view of such circumstances, the learned District Judge, South

24 Parganas at Alipore is requested to pass necessary order on his

administrative side on the basis of the order dated 7 th January, 2023

passed by the learned Magistrate, 4 th court at Alipore in connection with

above-mentioned case for reconstruction of the Lower Court Record

within three weeks from the date of communication of the order. If

within four weeks the record of ACGR-6812 of 2016 is not

reconstructed, the learned Magistrate shall open a skeleton record and

accept the compromise petition filed by the parties and dispose of the

case on the basis of such compromise.

With the above direction, the instant revision is disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.15.

D/L.