Osman Ali Sk v. State Of West Bengal & ANR

CRR 846 of 2012 07.09.2021 Court No.34 Item No.8 (Physical Hearing) In Re:- An application under Section 482 of the Code of Criminal Procedure, 1973;

Ab And In the matter of : Osman Ali Sk.

...Petitioner.

Mr. Arijit Ganguly, Ms. Manisha Sharma.

... For the State.

No one appears on behalf of the petitioner.

The report submitted by Ms. Manisha Sharma, learned advocate appearing on behalf of the State, be kept with the record. The report reflects that next date has been fixed on 13th May, 2022 for framing of charge.

Having regard to the fact that charge sheet has already been submitted and the investigating agency on conclusion of investigation has primarily arrived at a finding that a case for trial has been made out, I am of the view that for interference at this stage, the petitioner ought to have produced overwhelming materials before this Court, which could either be statutory bar or improbable material circumstances, which could deter the trial Court from proceeding with the matter or the High Court to interfere at this intermittent stage.

None of the contentions so advanced, in this revisional application would reflect the same. The points canvassed herein, are question of facts, which are to be agitated in course of trial. Accordingly, no interference is called for.

Thus, CRR 846 of 2012 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, stands vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)