Mahavir Poddar And ANR v. State Of West Bengal And ORS.

19.03.2025 WPA 5181 of 2025 Sl.No.

Court No. 35 Mahavir Poddar & Anr.

-VsThe State of West Bengal & Ors.

G.S.Das Mr. Ankit Agarwala Ms. Alotriya Mukherjee ... for the Petitioner(s) Mr. Suman Ghosh Mr. Arka Mondal ... for the State-respondent(s) Mr. Sandipan Ganguli, ld. Sr. Adv.

Mr. Ayan Chakraborty Mr. K. Dudhewala Ms. Sohini Mukherjee Mr. S. Saha ... for the respondent no. 4 Affidavit-of-service so filed be kept with the record.

The petitioners are aggrieved by the fact that although the police authorities have shown in the seizure five copies of front photo of envelope courier with senders name as Anshuman Sharma and Ajay Sharma, yet, the investigating agency did not seize the originals from the affected persons, although, some of them have been cited as witnesses.

The petitioners' grievance are that there is every possibility of the prosecution's failing in case such documents are not produced in original at the time when the trial progresses.

It has also been contended on behalf of the petitioners that the petitioner no.1 has been cited as a witness but the petitioner no.2 has not been cited as a witness who has also received such letter.

Having considered the fact that charge-sheet has already been submitted before the jurisdictional court on or about 27th September, 2024 and the petitioners claiming to be the victims of circumstances, I am of the view that if the petitioners are so advised, they would prefer an application before the jurisdictional court in seisin of the matter. The learned Magistrate would assess regarding the merits of the same, thereafter, decide in accordance with law.

With the aforesaid observations, WPA 5181 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)