Dipika Bhaduri v. State Of West Bengal & ANR

10.05. 2022 item No.36 n.b.

ct. no. 34 CRR 820 of 2020 + IA No. CRAN 3 of 2022 Dipika Bhaduri Vs.

State of West Bengal & Anr.

Ms. Sayanti Santra, Ms. Kirtita Banerjee .....for the Petitioner Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan .....for the State Affidavit of service and supplementary affidavit so filed be kept with the record.

The report submitted on behalf of the State be kept with the record.

The subject matter of the revisional application relates to the proceedings arising out of Asansol South Police Station case No.365 of 2019 dated 14.10.2019 under Sections 341/323/506 of the Indian Penal Code.

The Investigating authorities on completion of investigation has already submitted charge sheet. Learned advocate appearing for the petitioner emphasise on number of issues, including the factum of case under Section 498A of the Indian Penal Code initiated at the instance of the present petitioner against the brother of complainant/opposite party no.2, the delay in registration of FIR after eight days of the

incident and the contents in the FIR being exaggerated in course of investigation, when the statements under section 161 of the Code of Criminal Procedure was recorded by the Investigating officer of the Case.

Mr. Arijit Ganguly, learned advocate appearing for the State produced the Case Diary. I have considered the statement of the three witnesses on whom the prosecution has relied upon. On an assessment of the same, I am of the opinion that it would not be fit and proper to summarily decide the truth or falsity of the allegations at this stage. The petitioner would be at liberty to canvass the points present in the revisional application at the appropriate stage of the proceedings.

No interference is called for at this stage.

Accordingly, CRR 820 of 2020 is disposed of.

All pending connected applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)