Chandi Das Mukherjee And ORS v. State Of West Bengal

C.R.R.734 of 2021 With CRAN 1 of 2022 D/L45 25.01.2023 Bpg.

In Re: An application under Section 401 read with under Section 482 of the Code of Criminal Procedure;

Chandi Das Mukherjee and others

Versus

The State of West Bengal and another Ms. Faria Hossain, Ms. Baisali Basu.

...for the State.

Report submitted by Ms. Baisali Basu, learned advocate appearing for the State be kept with the record. Report reflects that at the appropriate address there has been a service. There has been no persuasion in respect of the present revisional application which arose out of a proceeding being C.R. Case No.581 of 2018 pending before the learned Judicial Magistrate, 5th Court, Paschim Medinipur.

Having considered the nature of the allegations complained therein, I am of the view that no interference can be made without the complainant being provided an opportunity to adduce evidence before charge.

The petitioners would be at liberty to canvass their issues at the stage of consideration of charge after prosecution evidence is over.

With the aforesaid observations, CRR 734 of 2021 is disposed of.

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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)