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Calcutta High CourtCRR/256/2024disposed

Sukdeb Parai @ Montu Parai And ANR. v. Gunamay Parai And ANR.

2024-05-02Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.256 of 2024 D/L70 02.05.2024 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, read with 401 of the Code of Criminal Procedure, 1973; Sukdeb Parai @ Montu Parai and another

Versus

Gunamay Parai and another Mr. Satyendra Agarwal Mr. Goutam Malik.

...for the petitioners.

Petitioners have challenged the continuance of Daspur Police Station Case No.277 of 2017 dated 10.11.2017 under Sections 447/323/354B/307/506/34 of the Indian Penal Code. The investigating agency on conclusion of investigation submitted charge-sheet with the aforesaid sections except Section 354B against Bijali Parai, the wife of Sukdeb Parai. I have considered the documents which have been enclosed along with the revisional application relating to the materials collected by the investigating agency. From the list of witnesses, I also find that a doctor has been made a witness in this case in respect of the injury report.

Having regard to the materials which have been collected by the investigating agency and the fact that the case has been pending since 2017, at this belated stage I am not inclined to interfere with the proceedings. Petitioners would be at liberty to canvass all the issues before the learned trial court at the appropriate stage of the trial. Needless to state that this Court has not gone into the merits of the case and the learned trial court

would independently assess as to whether any materials are appearing against the present petitioners.

With the aforesaid observations, CRR 256 of 2024 is disposed of.

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

(Tirthankar Ghosh, J.)