Mohit Kumar Agarwal v. State Of West Bengal And ANR

28.11.2022 S/L Nos.24 KS C.R.R. 141 of 2021 Mohit Kumar Agarwal -Vs.- The State of West Bengal & Anr.

Mr. Uday Sankar Chattopadhyay Mr. Suman Sankar Chattopadhyay Mr. Santanu Maji .....For the Petitioner Mr. Ranabir Roychowdhury Mr. Mainak Gupta .....For the State Mr. Chattopadhyay, learned advocate appearing for the petitioner submits that he is yet to receive the documents under Section 207 of the Code of Criminal Procedure and would like to address the Court at the relevant stage, for the present he do not intend to pursue with the merits of the revisional application so far it relates to Mr. Mohit Kumar Agarwal against whom, according to him, there are no relationship to be established with the company M/s. Sri Balmukund Polyplast Private Limited.

Mr. Bhattacharya, learned advocate appearing on behalf of the private opposite party and submits that he has not been informed regarding the report under Section 173 of the Code of Criminal Procedure being filed before the Jurisdictional Court, in fact, he has grievance regarding the report so filed.

Mr. Roychowdhury, learned advocate appears on behalf of the State and produces the Case Diary.

In case, the Learned A.C.J.M., Sealdah in an application for further investigation deems it fit and proper that an investigation should be conducted in that case there would also be a specific direction by the learned A.C.J.M., Sealdah to collect any documentary evidence in respect of the present petitioner, Mr. Mohit Kumar Agarwal and to ascertain as to whether he has any relationship with M/s. Sri Balmukund Polyplast Private Limited. In case, the Learned A.C.J.M., Sealdah feels that there is no requirement for further investigation under Section 173(8) of the Code of Criminal Procedure, Learned A.C.J.M., Sealdah at the stage of consideration of charges would be at liberty to consider as to whether the accused, Mr. Mohit Kumar Agarwal had any relationship with M/s.

Sri Balmukund Polyplast Private Limited so as to ask him to face the trial of the case. With the aforesaid observations, C.R.R. 141 of 2021 is disposed of. Pending applications, if any, are 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.)