Arup Bose v. State Of West Bengal

27.07.2021 Item no.3 Ct. No.34 CHC C.R.R. No.164 of 2012 (Via Video Conference) In Re: An application under Section 482 of the Code of Criminal Procedure.

AND In the matter of:- Arup Bose ... petitioner Mr. Arijit Ganguly, Mr. Sandip Chakraborty ...for the State The present revisional application was preferred challenging the proceedings relating to Diamond Harbour Police Station Case No.79 of 2009, dated 20.2.2009, under Sections 419/420/471 of the Indian Penal Code (G.R. Case No.293/09).

Records of the case reflect that the investigating authority after conclusion of investigation submitted charge-sheet. The orders dated 26.08.2011 and 05.12.2011 passed by the learned Additional Chief Judicial Magistrate, Diamond Harbour, reflect that dates were fixed for evidence.

Having regard to the fact that petitioner approached this Court at the stage of evidence, I am of the view that the said points raised in the revisional application are premature and the petitioner would be at liberty to agitate the same points in course of trial and at the stage of final argument of the case. Moreover, the records of the revisional application reflect that on

31.01.2012, there was an interim order for a limited period of time and the same was never extended till date. No information has been furnished regarding the present stage of proceedings before the court below and as such, this Court is of the opinion that no interference is called for so far as the proceedings before learned A.C.J.M., Diamond Harbour is concerned.

Accordingly, C.R.R.164 of 2012 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)