Sushmita Maitra v. State Of West Bengal And ANR

23.02.2023 Ct. No.34 S/L No.8 KS C.R.R.436 of 2021 Sushmita Maitra -Vs.- The State of West Bengal & Anr.

Mr. Subhasis Pachhal Mr. Sekhar Barman Mr. Rohit Prasad .....For the Petitioner Mr. Sourav Chatterjee Mr. A. Ghatak Mr. A. Rakshit .....For the O.P. No.2 Mr. Saibal Bapuli Mr. Arijit Ganguly Mr. Sanjib Kumar Dan .....For the State The subject matter of this present revisional application relates to Jorasanko Police Station Case No.151 of 2019 dated 11.06.2019 for the purposes of quashing the proceeding.

The Investigating Officer of this case has submitted a report. Report be kept with the record. Report reflects that Supplementary Charge-sheet has been submitted before the jurisdictional Court. The Supplementary Charge-sheet contains injury report and a complaint of assault by Ms. Sushmita Maitra. There are statements under Section 161 of the Code of Criminal Procedure which alleges that the petitioner was allegedly involved in a scuffle and/or aggression thereby assaulting the complainant namely one Priyanka Gupta.

Having regard to the stage of the case, I am of the view that the present petitioner should take into account the prosecution papers prior to

approaching this Court as prima facie there are allegations and the same is corroborated by medical evidence. Petitioner would be at liberty to approach the learned Magistrate at the stage of Sections 239/ 240 of the Code of Criminal Procedure, if so advised.

No interference is called for at this stage.

With this aforesaid observation, C.R.R.436 of 2021 is disposed of. Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)