Samaresh Kumar And ANR. v. State Of West Bengal And ANR

10.04.2024 Serial no. 7 [G.S.D] CRR 85 of 2024 In the matter of : Samaresh Kumar & Anr.

... ... Petitioners Mr. Arindam Jana Ms. Mallika Manna ... for the petitioner Ms. Sreyashee Biswas ... for the WBSEDCL Mr. Debasish Roy Mr. Jaydeep Biswas ... for the State The Memorandum of Evidence submitted on behalf of the State be kept with the record.

Case Diary has been produced which reflects that the officers of the Electric Department made search and seizures and, thereafter, made out a case under the relevant provisions of the Indian Electricity Act, 2003. Having considered the stage at which the petitioners have approached this court, I am of the view, at this stage, it would not be proper to either tailor the sections or arrive at a finality whether any offence has been made out or not. Charges are yet to be framed by the ld. Special Court in seisin of the matter.

Having regard to the same, I direct that in case the petitioners prefer any application under the relevant

provisions of either section 239 or Section 227 of the cr.p.c., in that case, the ld. Trial court would consider the same independently without being influenced by any of the observations made by this court.

With the aforesaid observations, CRR 85 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

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

(Tirthankar Ghosh, J.)