Imran Ali v. State Of West Bengal And ANR

31.01.2024

IN THE HIGH COURT AT CALCUTTA

Item No.126 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 719 of 2022 Mr. Imran Ali versus State of West Bengal & Anr.

Mr. Santanu Chatterjee, Mr. Rajendra Kumar Nandi ... For the Petitioner.

Mrs. Anasuya Sinha, Ms. Jonaki Saha ... For the State.

Mr. Chatterjee, learned advocate appearing for the petitioner submits that the present petitioner has never visited India and is a permanent resident of U.K., but because of civil dispute between the de facto complainant and the family of the present petitioner, the petitioner along with his brothers and father has been falsely implicated in connection with the instant case. Learned advocate submits that the petitioner is still permanently residing at U.K. and the narration of facts as made by the de facto complainant is to the extent of snatching Rs.2000/-.

However, I find from the records of the case that Amta Police Station Case No. 110 of 2014 was registered for investigation on 11.04.2014 and charge-sheet was submitted on September 2014. The investigating agency in the chargesheet has relied upon four individual witnesses and two police officers in order to substantiate the charges under Sections 341/323/506/34 of the Indian Penal Code. Having considered the fact that more than nine years have passed since the charge-sheet was submitted before the jurisdictional court, I grant liberty to the petitioner to furnish

all the documents in his custody in support of his claim that he has never visited India since prior to the incident taking place and till date. If such documents are placed before the learned jurisdictional court prior to consideration of the charges, the learned jurisdictional court if required would conduct an enquiry and thereafter proceed for consideration of charges.

With the aforesaid observations, the revisional application being CRR 719 of 2022 is disposed of. Pending connected application, if any, is consequently disposed of.

Case diary be returned to the learned advocate appearing for the State.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)