The court allowed a criminal revisional application and quashed proceedings under specific IPC sections regarding a vehicle recovery complaint, noting the complainant's intent not to pursue litigation.
Proceedings under Sections 341/323/379/506 IPC in Behala P. S. Case No. 135 of 2009 were quashed; pending applications disposed of.
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26-07-2022 Subha Item no.70 Ct no.34
IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction
CRR 2662 of 2009 With CRAN 3 of 2018(Old no. CRAN 3007 of 2018)
Suman Kalyan Roy & Anr.
-versus-
The State of West Bengal & Anr.
Mr. Amitava Mitra Ms. Antara Choudhury …for the petitioners. Mr. Arijit Ganguly Mrs. Debjani Sahu ….for the State.
A report has been submitted by the Officer-in-Charge, Behala Police Station enclosing a communication of the de facto complainant of Behala P. S Case No. 135 of 2009 dated 03.04.2009 under Sections 341/323/379/506 of the Indian Penal Code. Let it be kept with the record.
The report is based on the foundation of the letter so submitted wherein the complainant has expressed his intention of not pursuing the litigation any further.
Having regard to the nature of the litigation which was instituted in respect of the recovery of a vehicle which was in the possession of the de facto complainant pursuant to a finance by way of a higher purchase agreement entered with the HDFC Bank Ltd., I am of the opinion that further continuance of all further proceedings arising out of Behala P. S. Case No. 135 of 2009 dated 03.04.2009 under Sections 341/323/379/506 IPC pending before the learned A. C. J. M, Alipore, South 24 Pagranas and all orders passed therein including the chargesheet, if any, is hereby quashed.
2
Accordingly, the present revisional application being CRR 2662 of 2009 is allowed.
Pending applications, if any, are consequently disposed of.
All concerned parties are to act in terms of a copy of this order duly
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[Tirthankar Ghosh, J]
1 issue framed by the court
Whether further proceedings under Sections 341/323/379/506 IPC in Behala P. S. Case No. 135 of 2009 should be quashed given the complainant's intention not to pursue litigation.
1 provisions across 1 enactments
Suman Kalyan Roy & Anr.
The State of West Bengal & Anr.
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
