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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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