CIVIL APPEAL 679 of 2012 on 16 March 2012

06.08.2021Item no.11Ct. No.34CHC

C.R.R. No.679 of 2012

(Via Video Conference)

In Re: An application under Section 401 read with Section 482 ofthe Code of Criminal Procedure.

AND

In the matter of:-

Ranjit Mondal @ Godai

… petitioner

Mr. Bidyut Kumar Roy,

Mr. Ashok Das

…for the State

The present revisional application has been preferred againstthe order dated 17.01.2012, wherein learned court was of theopinion that the chargesheet and its accompaniment prima faciemade out offences under Section 376(2)(f) of the Indian PenalCode and as such, rejected the prayer of the accused formodification of the said section while framing charge.

The said order further reflects that on 06.02.2012, the learnedtrial court was pleased to fix date for appearance and framing ofcharge.

Records of this revisional application reflect that there was norestraint order on the proceedings pending before the learned trialcourt when the revisional application was subsequently directedto be heard under the heading “Contested Application”. The orderdated 16.03.2012 and 20.01.2014 is palpable regarding no interim order being passed. The said order was passed more thannine years ago and the present stage of the case has not beenfurnished before this Court.

Having regard to the same, I am of the view that at thisbelated stage no interference is called for.

Accordingly, the revisional application being C.R.R.679 of2012 is dismissed.

Pending application, if any, is consequently disposed of.

All parties shall act in terms of copy of this order downloadedfrom the official website of this Court.

(Tirthankar Ghosh, J.)