RAJIV KUMAR MUKHERJEE & ORS Vs. STATE OF WEST BENGAL & ANR
LAWS(CAL)-2015-9-130
HIGH COURT OF CALCUTTA
Decided on September 10,2015

RAJIV KUMAR MUKHERJEE And ORS Appellant
VERSUS
State Of West Bengal And Anr Respondents

JUDGEMENT

- (1.) This revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 was initially filed by three petitioners namely Rajiv Kumar Mukherjee, Anshuman Mukherjee and Debrup Majumder against the State of West Bengal as sole respondent. Subsequently, on the basis of an order dated 7.4.2014 passed by a coordinate bench of this High Court one Ajit Kumar Prasad as de facto complainant has been added as respondent no. 2. Although the order was passed on 7.4.2014 directing the petitioner to serve a copy of the revisional application alongwith annexures to the opposite party/de facto complainant by registered post with A.D. in a period of 4 weeks from that date and to file affidavit of service on the next date of hearing but since after 7.4.2014 no affidavit of service has been filed on behalf of the petitioners.
(2.) At this stage of hearing no one appeared on behalf of the petitioners and on submission made on behalf of learned Advocate for the opposite party no. 2 informing the Court that recording of evidence has already been started in the trial Court. This case has been heard in the absence of petitioners for speedy disposal.
(3.) In this revisional application the petitioners have challenged the bona fide of Siliguri Police Station Case No. 137 of 2013 dated 11.2.2013 under Section 420 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate at Siliguri. They have prayed for setting aside and/or quashing the said proceedings.;


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