Ratan Chand Bhurat @ Ratan Bhurat v. State Of West Bengal And ANR

25.07.2023 SL.45 Ct no.34 Saswata CRR 467 of 2023 In Re:- An application under Section 482 of the Cr.P.C. In the matter of : Ratan Chand Bhurat @ Ratan Chand Vurrat ... petitioner Mr. Simanta Kabir ...For the petitioner Mr. S.G.Mukherjee, PP Mr. Anwar Hossain Ms. Manisha Sharma ...For the State

1. The revisional application has been preferred challenging the charge sheet filed in connection with Khardah Police Station Case no. 736 of 2018 dated 19.09.2018 under Sections 447/323/506.

2. Mr. Anwar Hossain, learned advocate who ordinarily appears for the State is directed to represent the State. His appointment may be regularized by the concerned authorities.

3. The prosecution in order to prove its case has relied upon 6 witnesses, among whom 2 are police officers. The contentions advanced in the present revisional application are based on question of facts which cannot be decided by this Court at this stage prior to the same being considered by the Learned Judicial Magistrate-in-Charge at Barrackpore.

4. Records reflect that although cognizance has been taken by the Learned Court, but the copies of documents under Section 207 of the Cr.P.C. are yet to be received. Accordingly, the petitioner is granted liberty to take out an

appropriate application in the nature of Section 239 of the Cr.P.C. after receiving copies of documents under Section 207 of the Cr.P.C.

5. Learned Magistrate would be at liberty to consider the same in accordance with law without being influenced by any observation made by this Court.

6. With the above observations, the revisional application being CRR 467 of 2023 is accordingly disposed of.

7. Pending application, if any, is also disposed of.

8. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Tirthankar Ghosh, J.)