Extracted from the PDF above. The PDF is authoritative.
29.09.2026 Item no. 1 Ct. No.237 AKG
C.R.R. 191 of 2025 Uma Gupta Vs. The State of West Bengal & Ors.
Mr. Abir Lal Chakravorti, Mr. Md. Masdur Rahaman Paik, Ms. Ahamina Nasrin …for the Petitioner
Mr. Partha Sarkar, Mr. Abhijit Basu, Ms. Megha Sarkar …for Pvt. Respondents
.
It appears that a proceeding under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was initiated against the petitioner on the basis of a police report. By an order dated November 20, 2024, the learned Magistrate issued notice upon the petitioner, fixing January 2, 2025, for hearing. It further appears that, pursuant to the said notice, the petitioner appeared before the learned Magistrate on January 7, 2025. From the order-sheets produced before this Court, it appears that the proceeding has not yet been concluded by the learned Magistrate in terms of Section 135(6) of the said Sanhita. The inquiry is required to be completed within a period of six months from the date of its commencement. In the present case, the inquiry commenced upon the appearance of the petitioner before the learned Magistrate. It does not appear from the materials on record that the learned Magistrate has assigned any special reason for permitting the inquiry to continue beyond the aforesaid period of six months. As on date, the inquiry has not yet been concluded.
2 In view of the aforesaid circumstances, the report for prosecution in connection with M/SEM Case No. 505 of 2024 dated October 23, 2024, pending before the learned Special Executive Magistrate, South Suburban Division, Kolkata, is hereby quashed. Needless to mention that opposite party nos. 4 and 5 shall be at liberty to approach the appropriate legal forum for redressal of their grievances, in accordance with law. Accordingly, CRR 191 of 2025 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Kausik Chanda, J.)