Nabil Patel and Another Vs State of West Bengal and Anr. — Calcutta HC (2024) — LawSathi Research

Nabil Patel and Another Vs State of West Bengal and Anr. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceeding in Hare Street Police Station Case No. 224 of 2023 dated 01.08.2023 (corresponding G.R.(S) Case No. 874 of 2023, Sections 420/406/120B) pending before the Chief Metropolitan Magistrate, Calcutta stands quashed against the petitioners; interim order, if any, stands vacated; the revisional application stands disposed of and connected applications, if any, stand disposed of accordingly.

Issue for consideration

Whether the criminal proceeding in Hare Street Police Station Case No. 224 of 2023 dated 01.08.2023 (G.R.(S) Case No. 874 of 2023, Sections 420/406/120B) pending before the Chief Metropolitan Magistrate, Calcutta should be quashed against the petitioners in view of the Supreme Court's final order in Special Leave to Appeal (Cr l.) Nos. 4565-4566/2024 recording the parties' settlement and closure of all proceedings.

Court's answer

Regard being had to the solemn (final) order of the Hon'ble Apex Court in Special Leave to Appeal (Cr l.) Nos. 4565-4566/2024 — whereby the Apex Court recorded the settlement between the parties and closed all proceedings pending between them, including FIR No. 224 of 2023 — this Court held it had no option left but to quash the proceeding in Hare Street Police Station Case No. 224 of 2023 dated 01.08.2023 (G.R.(S) Case No. 874 of 2023, Sections 420/406/120B) pending before the Chief Metropolitan Magistrate, Calcutta.

Ratio / Principle

As a sequel to the Apex Court's order, the entire proceeding mentioned above stands quashed against the petitioners.

Key takeaways

Any interim order subsisting in the matter stands vacated.ratio¶7
Connected applications, if any, stand disposed of accordingly.ratio¶8

Detailed headnote1 paragraphs

CRR 122 of 2024 (Assigned) — High Court at Calcutta, Criminal Revisional Jurisdiction (Appellate Side), decided 05.08.2024 by Bibhas Ranjan De, J. Acting on the final order of the Hon'ble Apex Court in Special Leave to Appeal (Cr l.) Nos. 4565-4566/2024, wherein the Supreme Court recorded the settlement between the parties and closed all proceedings pending between them — including FIR No. 224 of 2023 filed by Manoj Kumar Kasera before Hare Street Police Station, Kolkata, the subject matter of the present revision — the Court held it had 'no option left ... but to quash' the proceeding in Hare Street Police Station Case No. 224 of 2023 dated 01.08.2023, corresponding G.R.(S) Case No. 874 of 2023, under Sections 420/406/120B, pending before the learned Chief Metropolitan Magistrate, Calcutta. As a sequel, the entire proceeding stood quashed against the petitioners; the revisional application stood disposed of, interim orders were vacated and connected applications were disposed of accordingly.

16 05.08. 2024

Ct 22

rup

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE

CRR 122 of 2024 (Assigned)

Nabil Patel and Anr. Vs.

The State of West Bengal & Anr.

Mr. Sourav Chatterjee, Mr. Avik Ghatak, Mr. Soham De Dhara, Mr. F Imam, Mr. Sagnik Mukherjee, Mr. A Karim. … for the petitioners. Mr. Rudradipta Nandi, Ms. Sanjana Saha. … for the State.

Learned counsels appearing on behalf of the petitioners as well as State are present.

Mr. Sourav Chatterjee, learned counsel appearing on behalf of the petitioners has submitted that the final order passed by the Hon’ble Apex Court in Special Leave to Appeal (Cr l.) Nos. 4565-4566/2024, wherein learned Hon’ble Apex Court recorded the settlement between the parties and finally passed an order closing all the proceedings pending between the parties including FIR No. 224 of 2023 filed by Manoj Kumar Kasera before Hare Street Police Station, Kolkata which is the subject matter of the revisional application at hand. The judgment of the Hon’ble Apex Court be kept with the record.

The revisional application was filed by the petitioners

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with prayer for quashing the proceeding in connection with Hare Street Police Station Case No. 224 of 2023 dated 01.08.2023 corresponding G.R.(S) Case No. 874 of 2023 under Sections 420/406/120B pending before the Court of learned Chief Metropolitan Magistrate, Calcutta.

Regard being had to the solemn order passed by the Hon’ble Apex Court in Special Leave to Appeal (Cr l.) Nos. 4565-4566/2024, no option left to this Court but to quash the proceeding in connection with Hare Street Police Station Case No. 224 of 2023 dated 01.08.2023 corresponding G.R.(S) Case No. 874 of 2023 under Sections 420/406/120B pending before the Court of learned Chief Metropolitan Magistrate, Calcutta.

As a sequel, the entire proceeding mentioned above stands quashed against petitioners.

With this observation, the revisional application stands disposed of.

Interim order, if any, stands vacated.

Connected applications, if any, stand disposed of accordingly.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)

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