Dilip Mahato v. State Of West Bengal And ANR

09.01.2023 S/L No.16 KS C.R.R. 685 of 2021 Dilip Mahato -Vs.- The State of West Bengal & Anr.

Mr. Anwar Hossain Ms. Manisha Sharma .....For the State The present revisional application was preferred challenging the continuance of Sinthee Police Station Case No.91 dated 18.11.2020 under Sections 341/ 323/ 354/ 114 of the Indian Penal Code corresponding to G.R. No.2946 of 2020 pending before the Learned Additional Chief Judicial Magistrate, Sealdah. As none appears on behalf of the State, Mr. Anwar Hossain, learned advocate who ordinarily appears on behalf of the State is directed to represent the case on behalf of the State. His appointment may be regularized by the concerned authority.

Records of the revisional application reflect that the matter appeared on 09.03.2021, 10.03.2021 and 11.03.2021 when none appeared on behalf of the petitioner. Today also when the matter was called none represented on behalf of the petitioner.

Having regard to the contentions advanced in the revisional in respect of the investigation process which was continuing, I find that the contentions are plea of alibi and question of facts which cannot be adjudicated at this stage by way of invoking Section 482 of the Code of Criminal Procedure. Thus, no interference is called for at this stage.

Accordingly, C.R.R. 685 of 2021 is dismissed. Pending applications, if any, are consequently dismissed.

All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)