Km Ashoka Mondal & ANR v. State Of West Bengal & ANR
C.R.R. No.626 of 2018 With CRAN 1 of 2022 D/L 19 April 27, Bpg.
In Re: An application under Section 482 of the Code of Criminal Procedure;
Km. Ashoka Mondal & Anr.
Versus
The State of West Bengal & Anr.
Mr. Amol Kakone, Mr. Arghya Kamal Das.
...for the petitioners.
Mr. Ranabir Ray Chowdhury, Mr. Sandip Chakraborty.
...for the State.
The present revisional application has been preferred challenging the proceedings of Bidhannagar (East) Police Station Case No.12/2018 under Sections 363/365/370A/120B of the Indian Penal Code.
The revisional application was earlier dismissed for default. An application for restoration being CRAN 1 of 2022 is taken up. Learned advocate for the petitioners has assigned the reasons in paragraphs 13, 14 and 17 of the restoration application. The grounds so stated are found to be just and sufficient. Accordingly, CRAN 1 of 2022 is allowed.
Thus, the order passed on 07.09.2021 by a co-ordinate Bench of this Court is hereby recalled. The revisional application is restored to its original file and number.
In Re: CRR 626 of 2018 The revisional application is taken up for hearing. Learned advocate appearing for the petitioners submits that the foundation of the case is on misconception of facts and to that effect the documents enclosed along with the revisional application will itself be sufficient.
Mr. Ranabir Ray Chowdhury, learned advocate appearing for the State submits that further investigation is still in progress and statement of some of the victims/witnesses are still being recorded under Section 164 of the Code of Criminal Procedure. Having regard to the stage of the case and the further investigation which is progressing, I am not inclined to interfere with the process of investigation at this stage. Accordingly, the revisional application being CRR being CRR 626 of 2018 is dismissed.
The petitioners would be at liberty to approach this Court, if so advised after the supplementary charge-sheet is submitted and the documents under Section 207 of the Code of Criminal Procedure are supplied to the petitioners. Pending application, if any, is 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.)