The Single Judge dismissed the challenge in C.R.R. 3100 of 2022, held it premature, and summarily denied relief as the petitioner failed to file a show-cause application regarding a fresh Section 107 proceeding.
Summary dismissal of the revision petition without granting any relief.
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26.09.2022 Item No.2. Mithun Ct.42
CRR 3100 of 2022
Nabin Roy @ Vicky
Vs.
The State of West Bengal
Mr. Sudip Ghosh Chowdhury, Adv.
…for the petitioner.
It is the grievance of the petitioner that after being released in connection with NGR(E)/1192/2021 on the basis of the judgment passed in C.R.R. No.1610 of 2022 (Nabin Roy @ Vicky Vs. The State of West Bengal) on 17th May, 2022, the petitioner was subjected to a fresh proceeding under Section 107 of the Code of Criminal Proceeding after being arrested in two other cases under the Arms Ac pending against him and a proceeding under Section 107 of the Code of Criminal Proceeding was initiated. The petitioner did not file any application showing cause as to why an order releasing him on bond should be passed by the learned Executive Magistrate. Without filing such show-cause afresh the instant revision is prematured and accordingly, the same is summarily dismissed.
2
(Bibek Chaudhuri, J.)
1 issue framed by the court
Whether the instant revision is premature as the petitioner did not file a show-cause application after the initiation of a proceeding under Section 107 of the Code of Criminal Procedure.
Nabin Roy @ Vicky
The State of West Bengal
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
