Renubala Tikadar And Others v. State Of West Bengal And ANR

C.R.R.750 of 2023 D/L124 05.09.2023 Bpg.

In Re: A petition under Section 401 read with Section 482 of the Code of Criminal Procedure;

Renubala Tikadar and others

Versus

The State of West Bengal and another Mr. Sayantan Hazra.

...for the petitioners.

Mr. Anwar Hossain, Ms. Manisha Sharma.

...for the State.

On 7th August, 2023 learned advocate for the petitioners prayed for liberty to file supplementary affidavit for enclosing the copies under Section 207 of the Code of Criminal Procedure. Today, when the matter has been called, again an accommodation has been sought for.

Having regard to the fact that the subject matter of the revisional application relates to a charge-sheet filed under Section 498A of the Indian Penal Code and the documents under Section 207 of the Code of Criminal Procedure have not been enclosed along with the revisional application and the supplementary affidavit has not been filed, I direct that at this stage there is no scope for interference by invoking powers under Section 482 of Cr.P.C. Petitioners on receipt of the copies under Section 207 of Cr.P.C. would apply before the learned Magistrate under Section 239 of Cr.P.C. If such application is filed, learned Magistrate would consider the same in accordance with law without being influenced

by any observations made by this Court while disposing of the revisional application.

Accordingly, CRR 750 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. 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 of all requisite formalities.

(Tirthankar Ghosh, J.)