Calcutta High CourtCRR/417/2024disposed

Phalguni Banerjee And ORS. v. State Of West Bengal And ANR

2024-02-08Hon'Ble Justice Tirthankar Ghosh2 pages

08.02.2024

IN THE HIGH COURT AT CALCUTTA

Item No.36 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 417 of 2024 In the matter of : Sri Phalguni Banerjee & Ors. ... Petitioners. Mr. Tapas Kumar Ghosh, Mr. Tanmay Chowdhury ... For the Petitioners.

Learned advocate appearing for the petitioners submits that hardly there are any allegations so far as the petitioner nos. 2 and 3 are concerned and in spite of the same, they have been implicated in connection with the instant case arising out of Bolpur Police Station Case No. 151 of 2022 wherein the investigating agency has submitted charge-sheet. Learned advocate points out that charges under Section 406 of the Indian Penal Code have also been dropped. It has been prayed on behalf of the learned advocate appearing for the petitioners that the totality of the materials collected by the investigating agency fails to make out any case so far as all the petitioners are concerned and they have been falsely implicated by the opposite party no.2 after seven years of marriage.

The next date as has been submitted is fixed for consideration of charges on 22.02.2024. Having regard to the fact that the learned Magistrate is in seisin of the matter at an advanced stage and fixed date for consideration of charge, I grant liberty to the petitioners to canvass all the points in the present revisional application before the learned Magistrate.

The learned Magistrate would independently consider the same and arrive at his finding without being influenced by any observations made by this Court.

With the aforesaid observations, the revisional application being CRR 417 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

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.)