INDRAJIT CHATTERJEE,J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure (hereinafter called as the Code) wherein the accused has prayed for quashing of the proceeding being G. R. Case No. 1311 of 2011 corresponding to Netaji Subhas Chandra Bose International Airport, P.S. Case no. 21 date 06 -04 -2011 under Sections 406/420 of the Indian Penal Code now pending before the learned Judicial Magistrate, 5th Court, Barrackpore, 24 - Parganas (North). The affidavit of service dated 06/08/2015 shows that the Speed Post Letter No. EW 886298824IN was posted on 30/07/2015 and it reached Circus Avenue S.O. only on 31/07/2015 but there is nothing in the track report dated 31/07/2015 that there has been personal service but I must say that the letter was posted in the right address and as such, it has presumptive value that it has reached its destination.
(2.) I have gone through the affidavit of service dated 08/07/2015 which shows that the Speed Post Letter No. EW 578773369IN was delivered to the opposite party no. 2 on 21/04/2014. I have also gone through the record. None appeared for the opposite parties even after due service as per the track report which is already on record.
(3.) On behalf of the petitioner, Mr. Mukherjee, learned Advocate is present and on behalf of the State, Mr. Singh, learned Public Prosecutor, is also present.;