This Criminal Revision seeking quashing of an FIR filed under Section 482 CrPC was dismissed as lacking merit because the trial proceedings had already been completed and disposed of by the trial court.
Order dismissing the Criminal Revision without any order as to costs.
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20-09-2022 KB Item no.24 Court No. 236.
C.R.R. No. 2703 of 2006
Harekirshna Tikader & Ors.
-vs-
The State of West Bengal & Anr.
Md. Zahid Abedin …for the petitioners.
This case stems out of an application under Section 482 of the Code of Criminal Procedure seeking an order to quash the F.I.R. No.39 dated 5th September, 2003 registered on the basis of information given by one Sukumar Tikadar on 3rd September, 2003 stating, inter alia, that the accused persons, the petitioners before this Court forming unlawful assembly being armed with weapons abducted his elder brother and assaulted him seriously. As the information disclosed offence cognizable in nature, the F.I.R. was registered.
Learned Counsel representing the petitioners submits that after completion of investigation, police submitted charge sheet and the criminal proceeding pending before Learned Additional District Judge Fast Track 1st Court, Damondharbour, South 24-Parganas has been disposed of.
Under such circumstances, this Criminal Revision, being CRR 2703 of 2006 does not have any merit for consideration.
It is thus dismissed however without any order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities.
(Siddhartha Roy Chowdhury, J)
2
2 issues framed by the court
Whether the Criminal Revision has merit for consideration given that the proceedings under the trial court have been disposed of.
Whether to quash the F.I.R. under Section 482 CrPC when the underlying case is concluded.
1 provisions across 1 enactments
Harekirshna Tikader & Ors.
The State of West Bengal & Anr.
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
