Abdus Selim vs Unknown on 31 July, 2017

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227 31.07.2017 C.R.R. 2998 of 2016
Aloke Ct. No.28 with
C.R.A.N. 3595 of 2016

In the matter of : Abdus Selim

Mr. Uday Sankar Chattopadhyay
Ms. Singdha Saha
… for the petitioner

Mr. Malay Bhatatacharya
… for the opposite party no. 2

Mr. Ayan Basu
… for the State

In Re : CRAN 3595 of 2016

The petition has been filed after 301 days. Upon considering

the averments made in the application for condonation of delay and

being satisfied with the causes shown by the petitioner in preferring

the revision petition, we condone the delay in filing the revision

petition.

The application being CRAN 3595 of 2016 is disposed of.

In Re : CRR 2998 of 2016

Affidavit-of-service filed in Court be kept with the record. In

spite of service nobody appears on behalf of opposite party nos. 2 to

4 herein.

It is submitted on behalf of the petitioner that graver charges

under Sections 363A and 406 of the Indian Penal Code have not

been framed.

Mr. Basu, learned counsel for the State produces case diary. I

have perused the statement of the victim recorded under Section

164 Cr.P.C.

It appears that on a false and dishonest promise of

performance in a film the minor was kidnapped from the custody of
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her parents. Cash and gold ornaments belonging to her mother had

also been entrusted to the accused persons which had been

misappropriated. Although, the materials on record may not

disclose ingredients of offence under Section 366A of the Indian

Penal Code, there is ample evidence on record disclosing prima facie

ingredients of offence under Section 406 IPC.

Accordingly, I direct the trial court to amend the charges

framed and add Section 406 IPC to the array of charges and to

proceed with the trial in accordance with law. Opposite party nos. 2

to 4 herein shall be at liberty to agitate their just defences in the

course of trial in accordance with law.

With the aforesaid direction, the petition is disposed of.

(Joymalya Bagchi, J.)
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