Alauddin Dhali & ORS v. State Of West Bengal & ANR

10.05. 2022 item No.30 n.b.

ct. no. 34 CRR 774 of 2020 Alauddin Dhali & Ors.

Vs.

State of West Bengal & Anr.

Mr. Sreyashee Biwas .....for the Petitioners Mr. Arijit Ganguly, Mr. Manoranjan Mahata .....for the State The petitioners approached this Court challenging the proceedings arising out of Haringhata Police Station case no.280 of 2019 dated August 06, 2019 under Sections 498A/34 of the Indian Penal Code.

As none appears on behalf of the State, Mr. Arijit Ganguly, 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 authority. I find from the records of the revisional application that the petitioners approached this Court at a stage when the charge sheet was filed before the jurisdictional Court and cognizance was taken by the said Court. The issues raised in the revisional application relate to question of facts and none of the documents on which the prosecution has relied upon for proving its case, i.e. the documents which are usually supplied to the accused persons

under Section 207 of the Code of Criminal Procedure have been enclosed along with revisional application.

In view of the aforesaid, I am of the opinion that the revisional application is prematured and the petitioners would be entitled to canvass such points which are in the revisional application at the appropriate stage of the proceedings. No interference is called for at this stage.

Accordingly, CRR 774 of 2020 is disposed of.

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.)