Sankar Sen & ORS v. State Of West Bengal & ANR

11.04.2022

IN THE HIGH COURT AT CALCUTTA

Item No.45 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 223 of 2013 Sankar Sen & Ors.

versus State & Anr.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Imran Ali, Ms. Debjani Sahu ... For the State.

This revisional application was preferred challenging the proceedings of Sankrail Police Station Case No. 385 of 2010 wherein charge-sheet No. 471/2010 dated 04.10.2010 was submitted under Sections 448/380/427/34 of the Indian Penal Code.

As none appears on behalf of the State, Mr. Imran Ali, learned advocate, who ordinarily appears for the State, is directed to appear in this matter and represent the State. His appointment may be regularized by the concerned authorities.

I find from the revisional application that the enclosures are restricted to the formal FIR and charge-sheet under Section 173 of the Code of Criminal Procedure. However, none of the documents under Section 207 of the Code of Criminal Procedure, so relied upon by the prosecution, has been enclosed along with this revisional application for consideration of this Court.

Having regard to the fact that the evidence on which the prosecution arrived at its conclusion in respect of

submitting the charge-sheet having not been enclosed, I am of the opinion that the issues raised, which are question of facts, cannot be adjudicated as the revisional application is a premature one.

Accordingly, the revisional application being CRR 223 of 2013 is dismissed.

Interim order, if any, is hereby vacated.

All pending connected applications, if any, are consequently disposed of.

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