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2026 DAILYLAW 12350 (CAL)

N KIRAN v. THE STATE

CRR/12/2026 · 2026-02-09

Apurba Sinha Ray

body2026

Judgment text

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IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/12/2026 N. Kiran Vs The State Mrs. Shipra Mondal … for the petitioner Mr. Sumit Kumar Karmakar … for the State February 09, 2026 [AKB] Item No.6 Read order dated February 06, 2026. I have also heard the Learned Counsel for the State today. The Learned Counsel for the State has fairly submitted that the person who died was Mahavir Singh Baghel and his snorkeling guide was Mr. Mohan Rao. However, from the record it transpires that N. Kiran, the petitioner took one Suriya Prakash Baghel, who was aged about 47 years, as his guide for snorkeling. The minor Anirudh Singh was taken by another snorkeling guide Vishal. After going through the materials on record and also taking into consideration Section 215 of Bharatiya Nagarik Suraksha Sanhita 2023 it appears that complaint was lodged by the Station House Officer, PS Bambooflat. It is also found that the present petitioner took one Suriya Prakash Baghel for snorkeling as his guide and Mr. Suriya Prakash Baghel was aged about 47 years. So, I do find that continuance of the case in connection with the relevant F.I.R. No. 27 of 2025 and charge sheet dated 15.05.2025 against the present petitioner would be sheer abuse of process of law. Accordingly, the F.I.R. being No. 27 of 2025 and charge sheet dated 15.05.2025 against the present petitioner N. Kiran are hereby quashed. C.R.R. 12 of 2026 is thus allowed on contest. (Apurba Sinha Ray, J.)