Apurba Lal Biswas And ORS v. State Of West Bengal And ANR

C.R.R.729 of 2021 D/L27 09.01.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure;

Apurba Lal Biswas and others

Versus

The State of West Bengal and another Mr. Anwar Hossain, Ms. Manisha Sharma.

...for the State.

The revisional application was preferred challenging the proceedings relating to Khardah Police Station Case No.665 of 2020 dated 18.11.2020 which was registered for investigation under Sections 448/453/427/420/406/379/506(II)/120B of the Indian Penal Code as also the order dated 03.11.2020. As none represented the State, Mr. Anwar Hossain, learned advocate, who ordinarily appears on behalf of the State, is directed to represent the State. His appearance may be regularised by the concerned authorities.

The petitioners approached this Court at a stage when the investigation was in progress. The said revisional application was filed on or about January, 2021. More than two years have passed since the revisional application was filed and substantial time has passed since the investigation commenced. There is bound to be change of circumstances during the pendency of the revisional application. No persuasion is there on behalf of the petitioners to point out before this Court regarding any bar of continuation of the

investigation. The questions so canvassed are question of facts, which are to be considered at the stage of consideration of charge or in course of the trial.

Having regard to the same, I am of the opinion that no inference is called for.

Accordingly, the revisional application being CRR 729 of 2021 is dismissed.

Pending application, if any, is consequently dismissed. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)