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Calcutta High CourtCRR/588/2023disposed

Sourav Bhowmick v. State Of West Bengal And ANR

2023-09-13Hon'Ble Justice Tirthankar Ghosh3 pages

13.09.2023 Serial no. 25 [G.S.D] CRR 588 of 2023 In the matter of : Sourav Bhowmick ... ... Petitioner Mr. Raja Biswas Mr. Abhijit Sarkar ... for the petitioner Mr. Imran Ali Ms. Debjani Sahu ... For the State The petitioner is directed to serve a copy of this revisional application along with a copy of the Supplementary Affidavit upon Ms. Debjani Sahu, Learned Advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authority. The subject-matter of challenge relates to Electronics Complex Police Station Case No. 05/2023 dated 15.01.2023. The case was initiated under the relevant Sections of Indian Penal Code and Indian Telegraph Act.

Learned Advocate for the petitioner has challenged regarding the contentions of the proceedings under the provisions of Indian Telegraph Act being carried on by the police authorities.

So far as the crux of the FIR or the allegations are concerned, the same is in respect of running a call centre/BPO for duping funds of the foreigners. Learned Advocate for the petitioner submits that he is associated with a different BPO but the police authority without understanding the same has implicated him in connection with the instant case.

Learned Advocate also submits that an application for anticipatory bail has already been rejected. The investigation of the case is in progress. The allegations prima facie happen to be very serious in nature. So far as the balance of convenience is concerned, the innocence of the petitioner, at this stage, is very difficult to be weighed in view of the scrutiny made by a Court of law regarding the issue of anticipatory bail, which has been rejected. The totality of the circumstances, of this case, do not inspire this Court to interfere with the prayer so advanced in the present revisional application. However, the petitioner would be at liberty to approach this Court, if his name appears in the document of Section 173 Cr.P.C. at the appropriate stage. No interference is made at this stage.

With the aforesaid observations, CRR 588 of 2023 is disposed of.

Pending application, if any, is also disposed of.

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

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)