Kalyan Chakraborty v. State Of West Bengal & ANR

C.R.R. No.94 of 2016 D/L36 May 11, Bpg.

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

Kalyan Chakraborty

Versus

The State of West Bengal & Anr.

Mr. Anwar Hossain, Ms. Manisha Sharma.

...for the State.

The present revisional application was preferred challenging the continuance of the proceedings of Dum Dum Police Station Case No.664/2014 under Sections 420/406/506/379/323 of the Indian Penal Code.

As none appeared on behalf of the State, Ms. Manisha Sharma, learned advocate, who ordinarily appears on behalf of the State, is directed to represent the State in this mater. Her appointment may be regularised by the concerned authorities. On perusal of the revisional application it reflects that the petitioner approached this Court immediately after the learned Magistrate was pleased to pass a direction under Section 156(3) of the Code of Criminal Procedure and the jurisdictional police station registered the case.

The contentions in the revisional application relate to question of facts which cannot be adjudicated at this stage. Having regard to the issues canvassed in the revisional application, I am of the opinion that the same are to be considered

by the investigating officer and cannot be adjudicated at the initial stage of the investigation. No interference, as such, is called for. Accordingly, CRR 94 of 2016 is dismissed.

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

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)