Nishit Chandra Roy & ORS v. State Of West Bengal & ANR

C.R.R. No.428 of 2020 D/L68 March 31, Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 filed in connection with Uttarpara Police Station Case No.175 of 2019 dated 30.03.2019 under Sections 498A/406/376/120B of the Indian Penal Code (Chargesheet submitted under Sections 498A/406/376/377/120B of the Indian Penal Code; Nishith Chandra Roy & Ors.

Versus

The State of West Bengal & Anr.

Mr. Jayanta Narayan Chatterjee, Mrs. Moumita Pandit, Ms. Nandini Chatterjee, Mr. Nazir Ahmed, Mr. Supreem Naskar, Mr. S. Koley, Ms. Sreeparna Ghosh, Ms. Pritha Sinha.

...for the petitioners.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan.

...for the State.

Mr. Chatterjee, learned advocate appearing for the petitioners challenges the continuance of the proceedings arising out of Uttarpara Police Station Case No.175 of 2019 dated 30.03.2019 under Sections 498A/406/376/120B of the Indian Penal Code wherein charge-sheet was submitted under Sections 498A/406/376/377/120B of the Indian Penal Code. Records of the revisional application reflect that the learned ACJM, Serampore is in seisin of the matter and the petitioners approached this Court at a stage when the charge-sheet

was submitted and the documents under Section 207 of the Code of Criminal Procedure were not supplied to the petitioners. Mr. Arijit Ganguly, learned advocate appearing for the State after perusing the case diary submits that there are sufficient materials for continuance of the proceedings against the accused. Without going into the merits of the allegations, I am of the opinion that the petitioners have approached this Court at a premature stage. The petitioners would be at liberty to canvas the points agitated in the present revisional application after receipt of the copies under Section 207 of the Code of Criminal Procedure before the learned trial court under Section 239 of the Code of Criminal Procedure, if so advised. No interference is called for by this Court at this stage.

With the aforesaid observations, CRR 428 of 2020 is disposed.

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.)