Calcutta High Court
CRR/5300/2024 of PRASENJIT SUKUL AND ANOTHER Vs STATE OF WEST BENGAL AND ANR on 7 September 2026
Ct. No. 34 nb CRR 5298 of 2024 In the matter of : Prasenjit Sukul & Anr. ...… petitioners. With CRR 5300 of 2024 Mr. Kunal Ganguly, .…For the Petitioners. Mr. Kallol Mondal, Ld. P.P., Mr. Pritam Roy, …. For the State. In Re. CRR 5300 of 2024 1. Affidavit of service filed
07.09.2026
Item No.28-29
Ct. No. 34
nb
CRR 5298 of 2024
In the matter of: Prasenjit Sukul & Anr.
...… petitioners.
With
CRR 5300 of 2024
Mr. Kunal Ganguly,
.…For the Petitioners.
Mr. Kallol Mondal, Ld. P.P.,
Mr. Pritam Roy,
…. For the State.
In Re. CRR 5300 of 2024
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1. Affidavit of service filed by the petitioners be taken on record.
2. None appears to represent the opposite party no.2.
3. Affidavit of service reveals that the service could not be effected as “No such person in the address”.
4. It is submitted by the learned counsel for the petitioners that in connection with complaint lodged by the opposite party no.2 on the basis of Maldah P.S. case No.424 of 2023 dated July 29, 2023 under Section 376D of IPC has concluded by filing final report. Certified copy of such final repot has been placed before this Court along with order passed by the learned Judicial Magistrate, Maldah dated May 16, 2026, where it reveals that notice has been issued upon the de facto complainant.
5. Learned counsel representing the State also confirms on the Case Diary that the final report has been filed by the Investigating Agency. However, it is submitted that such report has not yet be accepted by the learned Magistrate and only a direction to issue notice is passed.
6. Considering the fact that as prayed for quashing of the complaint was filed by the petitioner in respect of the above mentioned case, which has for the present ended in filing a final report, is yet to be considered by the CJM. But for the present, the petitioner is not willing to proceed with the case as become infructuous in the eye of law. Therefore, the present revision application has been filed by the petitioner is dismissed being infructuous at this stage.
7. Copy of the certified copy of final report submitted before this court be kept with the record. In Re. CRR 5298 of 2024
8. It is submitted by the learned counsel for the petitioner that the charge sheet has been submitted in this case and date is fixed for framing of charge, hence prayed for order of stay of all further proceeding.
9. Learned counsel representing the State on the other hand raises objection and submits that the instant proceeding has arisen out of the complaint lodged by the de facto complainant under Section 376D, which exhibited in filing final report. Hence there is no reason to pass order of stay.
10. Having heard learned counsel for the parties that this court is inclined to passed any order of stay at this stage, since the opposite party no. 2 is not represented.
11. The State is directed to serve upon the opposite party no.2 and to submit a report on the next date of hearing.
12. The matter be listed on September 25, 2026 under the heading “Hearing”.
13. The State is further directed to produce the Case Diary as well as Status Report on the next date of hearing.
14. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (CHAITALI CHATTERJEE (DAS), J.)