Single Judge review of a criminal revision. It was held that since the trial Court had declared the proceedings ended due to a mistake of fact, the revision was disposed of as infructuous and connected applications were disposed of.
Liberty granted to the opposite party no. 2 to pray for necessary relief before the appropriate forum within one month.
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03.08.2023 Serial no.46 Aloke Ct. No. 30
CRR 1118 of 2020 With IA No. CRAN 1 of 2020 (Old No. CRAN 4183 of 2020) IA No. CRAN 2 of 2020 IA No. CRAN 3 of 2020
Sayan Ray & Anr. Vs. The State of West Bengal & Anr.
Mr. Samrat Chaudhury … for the petitioners
Mr. Moyukh Mukherjee … for the opposite party no. 2
Mr. Saibal Bapuli, ld. APP
Mr. Arijit Ganguly Mr. Sanjib Kr. Dan … for the State
Learned counsel for the petitioners and the opposite
party no. 2 is present.
Learned counsel for the State is present and has placed a report as called for by this Court.
From the report submitted, it appears that the proceedings in the present case has ended in a final report before the trial Court declared as ‘Mistake of Fact’ being (Mistake of Fact) No.49/2020 dated 31.07.2020 and the same has been submitted before the trial Court.
It is submitted by the learned counsel for the opposite party no. 2 that the complainant/opposite party no. 2 has not received any notice from the trial Court regarding the said submission of the final report and, as such, they could not proceed in accordance with law before the appropriate forum.
2
Considering the said facts and circumstances, the opposite party no. 2 is given liberty to pray for necessary relief before the appropriate forum within a period of one month from the date of this order.
The present revision is, thus, disposed of as infructuous.
All connected applications stand disposed of.
Interim order, if any, stands vacated.
Let a copy of the order be sent to the learned trial court
for compliance.
Learned counsel for the State to inform the status of this
case to the concerned authority.
(Shampa Dutt (Paul), J.)
1 issue framed by the court
Whether the present revision can be disposed of as infructuous since the proceedings ended in a final report declared as a mistake of fact before the trial Court.
Sayan Ray
The State of West Bengal
Shampa Dutt
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
