22.09.2026 Item No. 115 Court No. 39 AN IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION CRR 2972 of 2018 Dulal Mahato @ Nepal Mahato vs. State of West Bengal 1. None appears on behalf of either of the parties nor has any accommodation been sought for. 2. This case is pending since 2018. 3. Considering the prayer of the petitioner and the long pendency of this case, this Court prefers to dispose of this Revisional application on merits based on the materials available on record. 4. This Revisional application has been filed under Section 401 read with Section 482 of the Criminal Procedure Code, 1973 assailing the order dated 12th July, 2018 passed by the learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur in connection with Balurghat P.S. Case No. 245/17 dated 29th October, 2017 under Sections 302/201 of the Indian Penal Code corresponding to G.R. Case No. 1257/17 in Misc. Case No. 21/18. 5. The petitioner alleged that the Investigating Officer was reluctant to investigate the case in a proper and effective manner so the petitioner filed a petition for proper investigation and the same was registered as Misc. Case No. 3/18. The said case was dismissed for default on 15th March, 2018. Thereafter, the petitioner filed a Misc. Case 2 No. 2/18 before the learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur and prayed for necessary order for proper investigation through a proper agency. The learned trial court sought for a report vide order dated 3rd July, 2018 from the concerned I.O. and also called for records corresponding to G.R. Case No. 1257/17 from the G.R. Office on the next date fixed on 12th July, 2018. The I.O. was also directed to be personally present along with the case diary on the said adjourned date. 6. The learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur on 12th July, 2018, upon perusal of the written report submitted by the concerned I.O. in person observed as follows:- “it is submitted by the I.O. that the deceased person’s identity could not be established in normal course as the body was decomposed so badly. As such from the available materials it was sent for the DNA test and the report is waited. In such circumstances, the Misc. case may be dropped and the record be tagged with the record of G.R. Case No. 1257/17”. 7. Being aggrieved by and dissatisfied with the said order, the petitioner filed this Revisional application. 8. Considering the above facts and circumstances of the instant case and upon careful consideration of the materials on record, this Court finds that the learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur has rightly passed the order and the reason already given by the learned Magistrate is sufficient and valid. Accordingly, the order impugned calls for no interference. 3 9. Consequently, CRR 2972 of 2018 stands dismissed with the above observations. 10. Connected applications, if any, also stand disposed of. 11. Interim order, if any, stands vacated. 12. A copy of this order be communicated to the learned trial court for necessary compliance. 13. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 14. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)