Petitioners sought quashing of F.I.R. under Section 482 CrPC regarding assault and theft linked to a loan recovery. Court disposed of application as infructuous following police final report finding no case against accused.
Quashing of F.I.R. application dismissed as infructuous after final report filed by police finding no case.
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04.8.2023 24 SB Ct. No.236
CRR 295 of 2012
In the matter of : Nikita Das & Ors.
Mr. Debasish Roy Mr. Kaushik Chatterjee … for the petitioners
Mr. S.G. Mukherjee, Ld. P.P. Ms. Sreyashee Biswas … for the State
Heard Mr. Roy, learned counsel appearing on behalf of the petitioner and Ms. Biswas, learned counsel representing the State.
Ms Sali Dutta set the criminal administration of justice into motion by informing the Officer-in-Charge of Kasba Police Station that her son Sumit Kumar Dutta purchased a motor vehicle with the financial assistance of H.D.F.C. Bank but he could not repay the loan in terms of the agreement. In order to recover the money lent, bank engaged muscle men who invaded the house of the informant assaulted her son even snatched her gold chain. The information disclosed offence cognizable in nature Kasba P.S. Case No. 178 of 2010 dated 15.05.2010 was registered and police took up investigation. Challenging the said action on the part of the police and seeking an order of quashment of F.I.R. Ms. Nikita Das and others filed this application under Section 482 of Code of Criminal Procedure.
Ms. Biswas, learned counsel representing the State produced copy of the final report vide No. 45 of 2010 dated 15.5.2010.
From the aforesaid document it is found that after investigation police did not find any materials to send up the accused persons for trial.
With the submission of final report before the competent court of law this revisional application has lost its relevance.
The revisional application is disposed of as infructuous.
The photocopy of the final report is taken with the record.
(Siddhartha Roy Chowdhury, J.)
1 issue framed by the court
Whether the revisional application under Section 482 CrPC for quashing FIR is maintainable after the prosecution has filed a final report finding no case against the accused.
1 provisions across 1 enactments
Nikita Das & Ors.
State
Siddhartha Roy Chowdhury
As recorded by the court registry
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