Nooman Shamim And ANR v. State Of West Bengal

C.R.R.573 of 2021 D/L12 04.01.2023 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Nooman Shamim and another

Versus

The State of West Bengal Mr. Swapan Banerjee, Ms. Purnima Ghosh.

...for the State.

None appears for the petitioners.

The records of the case reflect that earlier the petitioners approached this Court with a prayer for hearing the proceedings. The said revisional application was disposed of on January 13, 2020 with liberty granted to the petitioners to agitate the points canvassed in the revisional application at the appropriate stage. The charge was thereafter considered by the learned Judicial Magistrate, 10th Court, Alipore and the learned Judicial Magistrate by his order dated 30.08.2019 was pleased to frame charges. More than three years have passed since the charge has been framed and prima facie from the materials available it reflects that there was a threat by way of e-mail to the public servant. Having considered the same, I am of the opinion that the case must proceed and be tested through evidence before learned trial court. As such, no interference is called for. Accordingly, CRR 573 of 2021 is dismissed.

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.)