Shefali Aich v. State Of West Bengal ANR

C.R.R.207 of 2021 M/L23 02.01.2023 Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure;

Shefali Aich

Versus

The State of West Bengal and another Mr. Ranabir Ray Chowdhury, Mr. Mainak Gupta.

...for the State.

The revisional application was preferred challenging the charge-sheet submitted before the jurisdictional court along with the present revisional application, the copy of the First Information Report, letter of complaint, charge-sheet and a report under Section 173 of the Code of Criminal Procedure have been enclosed. Petitioner by enclosing medical certificate/prescription has tried to take up an alibi that she was bed ridden and, as such, she could not have participated in the alleged offence as complained of in the letter of complaint.

Mr. Ray Chowdhury, learned advocate, appears on behalf of the State and submits that the contention of the petitioner is a plea of alibi and the truth or falsity of the same cannot be decided at the present sage.

I have considered the contention advanced in the present revisional application and I am of the view that the issues so canvassed cannot be considered by the Court at this stage. The petitioner is granted liberty to take up the points at the stage of the

trial of the case.

With the aforesaid observations, CRR 207 of 2021 is disposed of.

Pending 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.)