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Calcutta High CourtCRR/205/2018disposed

Mrs Jharna Dey v. State Of West Bengal & ANR

2023-07-19Hon'Ble Justice Bibhas Ranjan De2 pages

19.07.

CRR 205 of 2018 Ct Mrs. Jharna Dey rup versus State of West Bengal & Anr.

Mr. Rajdeep Mazumder, Mr. Mayukh Mukherjee, Mr. Pritam Roy. .... For the petitioner. Mr.Saswata Gopal Mukherjee, Ld. P.P.

Ms. Saryati Dutta ... for the State. This revisional application has been filed assailing the order dated 27.11.2017 passed by the learned Additional Sessions Judge, Bench No. II, Bichar Bhavan, Calcutta rejecting the application made under Section 227 of the Code of Criminal Procedure.

Both the learned advocates appearing on behalf of the parties to this revisional application are present. Learned advocate appearing on behalf of the Sate has submitted a report informing, inter alia, that charge in this case has already been framed and recording evidence started. More particularly, it has been submitted that two witnesses have examined in this case.

Considering the aforesaid facts and circumstances while this revisional application was filed challenging the order refusing the prayer for discharge, the framing of charge and recording evidence surely stand in the way of setting aside the order impugned.

However, all questions raised in this revisional application in favour of discharging the accused are being kept open for the trial.

With aforesaid observation, the revisional application stands disposed of.

Certified copy of the charge framed by this court as well as evidence recorded submitted on behalf of the State be kept with the record.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings. All parties to this revisional application shall act on the server copy of this order downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)