Anakshi @ Enakshi Paul (Natta) v. State Of West Bengal And ANR
C.R.R.639 of 2021 D/L46 22.09.2022 Bpg.
In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure;
Anakshi @ Enaskhi Paul ( Natta)
Versus
The State of West Bengal and another Mr. Raja Biswas.
...for the petitioner.
Mr. Kushal Paul.
...for the opposite party no.2.
Mr. S. S. Imam, Mr. S. Kundu.
...for the State.
The revisional was preferred challenging the charge-sheet o.158 of 2020 dated 10.02.2020 in respect of Raiganj Police Station Case No.1319 of dated 28.10.2016 under Sections 498A/307/313/406/34 of the Indian Penal Code read with Sections 3/4 of D.P. Act.
Learned advocate appearing for the petitioner submits that the petitioner is the married sister-in-law and she has been staying at U.S.A., as such, has been falsely implicated in the instant case. Learned advocate further submits that she is squarely covered by the principles set out by the Hon'ble Supreme Court in the case of Geeta Mehrotra & Anr. Vs. State of UP and Anr. reported in (2012) 10 SCC 741.
I have considered the submissions of the learned advocate for the petitioner. However, I do not find a single scrap of
paper available in the revisional application which would reflect that the petitioner is a resident of U.S.A. Charge-sheet has already been submitted. However, none of the documents under Section 207 of the Code of Criminal Procedure on which the prosecution relies upon to prove its case have been enclosed to show that there is any complicity of the present petitioner in the alleged offence. The revisional application is in fact in dearth of materials for this Court to adjudicate. It is premature revisional application. As such, no interference is called for.
Accordingly, CRR 639 of 2021 is disposed of.
The petitioner would be at liberty to canvass the points in the revisional application before the learned trial court at the stage of consideration of charges on receipt of all the documents under Section 207 of the Code of Criminal Procedure. 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. (Tirthankar Ghosh, J.)