No. 4/05.04.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Suman Basu, the Ld. Advocate and Respondent through Mr. Aloke Mukhopadhyay, the Ld. Advocate are present.  Heard the Ld. Advocate for the Appellant and Mr. Mukhopadhyay, the Ld. Advocate for the Respondent.  As it appears that the impugned order was passed considering absence of any material in support of the Complainant’s case and consideration was also made as regards question of limitation, we do not find even at the appellate stage any disclosure has been made which prima facie satisfies this Bench for making any interference with the impugned order.  But the Ld. Advocate for the Appellant states certain facts which he could prove by adducing oral evidence.  But unfortunately we are not in a position to consider such material only for the purpose of remand when nothing has been disclosed before us which justify such interference.  Accordingly we do not interfere with the impugned order.  But we make it clear that this order in the present proceeding will not affect rights of the Complainant – Appellant, if any, in any appropriate proceeding including a criminal proceeding.