Sandhya Das And ORS. v. State Of West Bengal And ANR

24.01.2024

IN THE HIGH COURT AT CALCUTTA

Item No.15 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 20 of 2024 In the matter of : Sandhya Das & Ors.

... Petitioners.

Mr. Dinesh Pani ... For the Petitioners.

Mr. Arijit Ganguly ... For the State.

Leave is granted to the learned advocate appearing for the petitioners to correct the case number.

Learned advocate for the petitioners is directed to serve copy of this revisional application upon Mr. Arijit Ganguly, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

On perusal of the charge-sheet it reflects that a doctor has been cited as a witness and in the FIR there is an allegation that the accused persons forcefully tried to administer poisonous substance. As documents under Section 207 of the Code of Criminal Procedure are yet to be received by the present petitioners, I am not inclined to interfere at this stage with the further continuance of the proceedings.

The petitioners would be at liberty to approach the learned trial court with an application under Section 239 of the Code of Criminal Procedure after receipt of the documents under Section 207 of the Code of Criminal Procedure.

The learned trial court would dispose of such application for discharge in accordance with law without being influenced by any observations made by this Court. The findings of the learned trial court would be independent of any observations being made in this revisional application.

With the aforesaid observations, the revisional application being CRR 20 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)