- (1.) Heard the learned Counsel for the parties.
(2.) The present petition has been filed under Section 407 of the Code of Criminal Procedure praying that the impugned order dated 20th December, 2012 passed by the Court of Judicial Magistrate, Amta, First Class, Howrah whereby the case was fixed for recording of evidence on 4th July, 2013 be quashed alongwith N.G.R. Case No. 1779 of 2010 arising out of Amta Police Station G. D. E. No. 2375 dated 31st July, 2010 pertaining to complaint lodged by Santanu Ghosh, A.S.I, of police, Amta Police Station, Howrah under Section 42 of the Code of Criminal Procedure and Section 290 of the Indian Penal Code. This Court on 31st January, 2013 had passed the following order : - "Issue notice to the State / opposite party. On the asking of the Court, Mr. Shiladitya Sanyal, learned Additional Public Prosecutor, accept notice. Copy of the petition has been served upon him. Learned Additional Public Prosecutor is requested to go through the petition and call the investigating officer along with case diary. He is further requested to go through the case diary to revert back to this Court whether in the facts and circumstances it is necessary to prosecute the petitioner. List on Wednesday next (06:02-2013)."
(3.) Today the learned Counsel for the State has produced the report of officer-in-charge, Anita Police Station, Howrah. Let the same be taken on record.;