Sanjoy Talik And Others v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 09-06-2023 Subha Item no.35 Ct no.34 CRR 63 of 2023 Sanjoy Talik & Ors.

-versus- The State of West Bengal & Anr.

In Re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Md. Shamimuddin Mr. Raunak Shaw .....for the petitioners.

Mr. S. G. Mukherji, ld. PP, Mr. Koushik Kundu ...for the State.

The petitioners challenge the continuance of the proceedings arising out of Sabang P.S. Case No. 320 of 2021 dated 23.10.2021 under Sections 498A/306/34 of the Indian Penal Code. Petitioners are directed to serve a copy of the revisional application upon Mr. Koushik Kundu, learned advocate who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned authorities in due course. The present revisional application has been preferred without enclosing documents relied upon by the prosecution under Section 207 of the Code of Criminal Procedure. Learned advocate for the petitioners submits that there is a normal dispute between the couple and the husband went out of the house and after returning found that the victim has consumed poison. There is nothing on record to implicate the petitioners,

according to the learned advocate for the petitioners. Be that as it may, the present revisional application not being enriched with the prosecution document, I am not inclined to interfere at this stage. Petitioners would be at liberty to canvass such points which have been advanced in this revisional application at the stage of consideration of charges preferably by taking out an application under Section 227 of the Code of Criminal Procedure before the learned Sessions Judge.

With the aforesaid observations, the present revisional application being CRR 63 of 2023 is disposed of. All Pending applications, if any, are disposed of accordingly. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]