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Calcutta High CourtCRR/783/2023disposed

Sajal Debnath @ Bhombal And ORS v. The State Of West Bengal And ANR

2024-03-043 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 04-03-2024 Subha Item no. 76 Ct no.34 CRR 783 of 2023 Sajal Debnath @ Bhombal and ors.

-versus- The State of West Bengal & Anr.

Mr. Tanmoy Chowdhury Ms. Ritoprita Ghosh .....for the petitioners.

Mr. M. S. Ray Mr. Arijit Roy Mr. Pradip Hari Ms. Priyanka Burman ...for the O. P No.2.

Mrs. Debjani Sahu ...for the State.

Learned advocate for the petitioners challenges the proceedings of G. R. Case No. 1203 of 2020 (arising out of Madhyamgram P. S. Case No. 219 of 2020 dated 01-06-2020) and in connection with the said case chargesheet has already been submitted.

Mrs. Sahu, learned advocate for the State has submitted a status report which reflects that the case has already been committed to the court of sessions and the next date has been fixed before the learned District and Sessions Judge, North 24 Parganas on 7th May, 2024. Let the report submitted by the learned advocate for the State be kept with the record.

Learned advocate for the opposite party no.2 is also present. I have considered the totality of the circumstances

particularly the enclosures to the revisional application. The petitioners at the stage when they approached this court were not equipped with documents under Section 207 of the Code of Criminal Procedure. As the case has already been committed to the court of sessions and a date has been fixed on 7th May, 2024, I direct that the learned Sessions Judge or the transferee judge who would be in seisin of the matter would allow the petitioners to present their application under Section 227 of the Code of Criminal Procedure.

Learned trial court will consider the said application for discharge and dispose of the same in accordance with law without being influenced by any observations made by this court while disposing of the revisional application.

With the above observations, the present revisional application being CRR 783 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]