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Calcutta High CourtCRR/163/2023disposed

Alip Kumar Biswas And ANR v. State Of West Bengal And ANR

2023-06-16Hon'Ble Justice Tirthankar Ghosh2 pages

16.06.2023 Item No.64 Ct.No.34 Sayandeep C.R.R. 163 of 2023 Alip Kumar Biswas & anr.

versus The State of West Bengal & Anr.

Mr. Kallol Bose Mr. S. Jana ... For the Petitioners.

Learned advocate appearing for the petitioners submits that the copies under Section 207 of the Code of Criminal Procedure were not available at the time of when the revisional application was preferred before this Court. The petitioner submits that the case is under Section 498A and 406 of the IPC wherein the charge-sheet was challenged. The enclosure to the revisional application do not give any scope to this Court to decide on the merits of the issues as the petitioner even after receiving the copy under Section 207 Cr.P.C. has not enclosed the same. The petitioner would be at liberty to canvass the points advanced in the revisional application at the stage of consideration of charges by taking out appropriate application under Section 239 Cr.P.C.. The learned Trial Court would dispose of the same in accordance with law without being influenced by any observations passed by this Court while disposing of the present revisional application.

With the aforesaid observations, CRR 163 of 2023 is disposed of.

Pending applications, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)