Prosen Das v. State Of West Bengal And ANR

29.01.2024 Ct. No.34 S/L No.29 KS C.R.R. 83 of 2024 Prosen Das -Vs.- The State of West Bengal & Anr.

Mr. Susnigdho Bhattacharyya .....For the Petitioner Learned advocate appearing for the petitioner has challenged the continuation of the proceedings arising out of Gopalnagar Police Station Case No.217 of 2021, which is under Sections 363/ 365 of the Indian Penal Code and is pending before the learned A.C.J.M., Bongaon, North 24 Parganas. Documents under Section 207 of the Code of Criminal Procedure have been enclosed along with the revisional application, but, however, the petitioner submits that an application under Section 239 of the Code of Criminal Procedure is pending before the learned A.C.J.M./Judicial Magistrate, Bongaon.

Having regard to the fact that the application for discharge is pending, I grant liberty to the petitioner to approach this Court after exhausting the application, which is pending before the learned Trial Court. Needless to state that this Court has not entered into the merits of the case and the learned Magistrate would independently consider the discharge petition without being influenced by any observations made by this Court. With the above observation, C.R.R. 83 of 2024 is disposed of. Pending application, if any, is consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)