Sk. Akbar Ali And ORS. v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 13-02-2024 Subha Item no.15 Ct no.34 CRR 470 of 2024 Sk. Akbar Ali and ors.

-versus- The State of West Bengal and anr.

Mr. Pratip Mukherjee Mr. Aditya Chakraborty ....for the petitioners.

Learned advocate for the petitioners has challenged the continuance of Balagarh Police Station Case NO. 198 of 2019 dated 03-11-2019.

The Investigating Agency on conclusion of investigation has submitted chargesheet before the jurisdictional court under Sections 448/323/354/506/34 IPC. I do not find tht the statements under Section 161 of the Code of Criminal Procedure and/or other documents relied upon by the prosecution being enclosed along with the revisional application. However, I find in the list of witnesses that the doctor has been cited as a witness.

Having regard to the factum that there are charges both under Section 323 as well as Section 354B of the Indian Penal Code, I am of the view that without the prosecution documents it would not be fit and proper to interfere. However considering the stage of the case and the fact that the case was initiated in the year 2019, I direct the petitioners to take out an application under Section 239 of the Code of Criminal Procedure before the jurisdictional court. Learned trial court would consider the same in

accordance with law and dispose of the same independently without being influenced by any observations made by this court while disposing of the present revisional application. With the aforesaid observations, the revisional application being CRR 470 of 2024 is disposed of.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]