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Calcutta High CourtCRR/308/2024disposed

Sk Sahid Imam And Others v. State Of West Bengal And ANR

2024-05-09Hon'Ble Justice Tirthankar Ghosh1 pages

Item No.7 09.05.2024 GB/Ct. No. 34 C.R.R. 308 of 2024 In Re : Sk. Sahid Imam & Ors.

...... petitioners Sk. Toslim Ali ...... for the petitioners Supplementary affidavit filed by the petitioner be kept with the record.

The statement under Section 164 of the Code of Criminal Procedure of the victim is not available. There are charges both under the Indian Penal Code as well as under the POCSO Act.

The learned advocate appearing on behalf of the petitioners submits that a series of persons have been unnecessarily implicated in connection with the instant case.

Having considered that the whole of the documents under Section 207 of the Code of Criminal Procedure are not before this Court and that there are series of persons who have been implicated. I direct the learned trial court that at the stage of consideration of charges the learned court will consider regarding the complicity of each of the petitioners and if any person is unwarranted in connection with the instant case, the learned special court will not deter from discharging them. With the aforesaid observations CRR 308 of 2024 is dismissed. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Tirthankar Ghosh, J.)