Single judge disposed of the criminal revision application without costs. The court found no jurisdictional error or perversity in the lower court order and noted the underlying proceeding was already finally disposed of by the Special Executive Magistrate in December 2016.
Application dismissed; interim order vacated; no order as to costs.
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12.12.2023 Sl.No. 43 Ct. 32 Amalranjan
CRR 1308 of 2017
Tapen Naskar @ Bapi Vs. State of West Bengal
Mr. Santanu Chakraborty…………for the petitioner
Ms. Faria Hossain Mr. Anand Keshari……..for the State
Report submitted by the State is taken on record.
It appears from the report that the proceeding vide N.G.R. Case no. 824 of 2016 against the petitioner, Tapen Naskar @ Bapi was initiated under sections 110,116(3) of the Criminal Procedure Code and same has been dropped by the learned Special Executive Magistrate, Court-in-Charge, Bidhannagar Police Commissionerate, Bidhannagar on 02.12.2016. The case has been finally disposed of.
This revisional application pertains to the year 2017.
The petitioner has filed this application under sections 401 and 482 of the Criminal Procedure Code seeking quashing of the impugned order dated 27.02.2017 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Barasat, North 24 Parganas in Criminal Revision no. 176 of 2016 (173/2016) preferred against the order dated 5.10.2016 and subsequent order too passed by the learned Special Executive Magistrate-in-Charge, Bidhannagar Police Commissionerate, Bidhannagar thereby directed the petitioner to maintain peace in the locality for a period of two
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years upon furnishing bail of Rs. 10,000/- with two local sureties of Rs. 5,000/- each having landed property within Bidhannagar Police Commissionerate and the sureties should furnish relevant papers of their property along with other authenticated copies of Epic Card/Pan Card, on the basis of P.R. No. 533/16 dated 15.9.2016 regarding Baguiati police station G.D. Entry no. 2250 dated 15.9.2016 under sections 110/116(c ) of the Cr.P.C.
It is also contended by the petitioner that being aggrieved with the said order the petitioner filed a revisional application before the Additional Sessions Judge, Fast Track Court no. 1, Barasat, North 24 Parganas in Criminal Revision No. 176/2016 (173/2016).
Subsequently, the said case was dismissed by the learned Additional Sessions Judge on contest without any order as to costs.
This court does not find any jurisdictional error, illegality or perversity in the said order. Furthermore, the proceeding has already been dropped and disposed of by the learned Special Executive Magistrate, Bidhannagar Police Commissionerate, Bidhannagar on 2.12.2016.
In view of the above facts of the case and with the above observations CRR 1308 of 2017 is, thus, disposed of without any order as to costs.
Interim order, if any, stands vacated.
Let the order be communicated to the Ld. Court below for information.
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Liberty is granted to all parties to act in terms of the copy of this order downloaded from the official website of this court.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties taking all legal formalities.
( Ajay Kumar Gupta, J. )
1 issue framed by the court
Whether the revisional application deserves to be allowed given the prior case has been dropped and no jurisdictional error exists.
2 provisions across 1 enactments
Tapen Naskar @ Bapi
State of West Bengal
Ajay Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
