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2026 DAILYLAW 41230 (CAL)

M/S. INSTAKART SERVICE PVT. LTD. AND ORS v. THE STATE OF WEST BENGAL AND ANR

CRR/2054/2023 · 2026-09-17

Uday Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.9.2026 SL No. 9 Ct No. 42 SB CRR 2054 of 2023 M/s. Instakart Service Pvt. Ltd. & Ors. Vs. The State of West Bengal & Anr. Mr. Satadru Lahiri Mr. Sourav Paul … for the petitioners Mr. Rajdeep Biswas Mr. Ravi Ranjan Kumar … for the State 1. Learned counsel appearing on behalf of the State submits that the investigation in respect of Bhowanipore Police Station / DD Case No. 281 dated 27.12.2022, registered under Sections 120B/420/409/506 of the Indian Penal Code, 1860, has successfully culminated into a final report. Specifically, the investigating agency has declared the case to be a "Mistake of Fact", and the corresponding Final Report (F.R.T.) was duly submitted before the learned Chief Judicial Magistrate, Alipore, on 07.08.2025. 2. The primary subject matter of the present revisional application is the quashing of the criminal proceeding being CGR Case No. 3619 of 2022, which arose out of the aforesaid Bhowanipore Police Station case. In view of the categorical submission that a final report (Mistake of Fact) has already been placed before the jurisdictional court, the substratum of the challenge ceases to exist. Once an investigating agency concludes its probe and submits an F.R.T. seeking closure or declaring the case a mistake of fact, the original proceeding as targeted for quashing under Section 482 of the Code of Criminal Procedure, 1973, effectively stands altered, and the primary question of quashing the pending police proceeding no longer survives for adjudication. 3. Consequently, in light of the subsequent developments wherein the investigation has concluded with the filing of a final report, this criminal revision has been rendered infructuous. The petition no longer merits further consideration on merits and deserves to be disposed of accordingly. 4. Accordingly, the criminal revisional application stands dismissed as infructuous. 5. Interim order, if any, stands vacated. 6. The Memo of Evidence filed by the respective parties is formally taken on record. 7. There shall be no order as to costs. 8. Urgent certified photostat copy of this judgment, if applied for, be supplied to the parties upon compliance with all necessary formalities. (Uday Kumar, J.)