Uttam Mondal v. State Of West Bengal And ORS.

21.01.2025 W.P.A. 1583 of 2024 Item No.63 Ct. No.35 dc.

Uttam Mondal versus The State of West Bengal & Ors.

Mr. Rit Banerjee, Mr. Nirmalya Kumar Das, Ms. Paramita Dey, Ms. Chandrani Bhattacharya, Ms. Susmita Bhattacharjee, Ms. Tanaya Banerjee, Ms. Divya Kar, Ms. Susmita Dutta, Ms. Susmita Hazra, Ms. Saptadipa Singha ... For the Petitioner.

Ms. Sujata Mukherjee ... For the State.

Report submitted by the learned advocate appearing for the State be kept with the record. The said report reflects that in connection with Bishnupur Police Station Case No. 339/2022 dated 18.05.2022, the investigating agency on conclusion of investigation has already submitted charge-sheet before the jurisdictional court under Sections 341/325/354D/308/506/509 of the Indian Penal Code. Having considered the fact that there are ten witnesses who have been relied upon in the charge-sheet including seven witnesses whose statements require consideration along with certain materials being seized, I am of the view that prima facie, the petitioner do not make out a case to interfere with the FIR and the charge-sheet, but the same requires deliberation on the materials collected by the investigating agency. Accordingly, the petitioner is granted liberty to canvass all the

issues before the learned trial court at the stage of consideration of charges, if the said stage is not over till date.

With the aforesaid observations, the writ petition being WPA 1583 of 2024 is disposed of. There will be no order as to costs.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)