Sk Salim v. State Of West Bengal

05.08.2021 Item no.8 Ct. No.34 CHC C.R.R. No.462 of 2012 (Via Video Conference) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Sk. Salim ... petitioner Mr. Swapan Banerjee, Mr. Suman De ...for the State The present revisional application has been preferred in connection with G.R. Case No.646 of 2011, arising out of Sadaipur Police Station Case No.79 of 2011 dated 22.11.2011, under Sections 25, 27 and 35 of the Arms Act. The petitioner approached this Court at the stage when chargesheet was filed on completion of investigation. Having regard to the subject-matter of the case which relates to provisions of Arms Act and the fact that the revisional application is pending since the year 2012 without any restraint order being passed on the proceedings, I am of the view that the revisional application was preferred at a prematured stage when the documents on which the prosecution relied upon was not served upon the accused/petitioners and as such, the factual aspect could not be agitated before this Court. Moreover, in the

revisional application the issues which have been canvassed are question of facts which are to be decided at the stage of trial. Having regard to the same, I am of the view that no interference is called for by this Court.

Accordingly, C.R.R.462 of 2012 is dismissed.

Pending application, if any, is consequently disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)