Pradip Bose @ Chandan Bose & ANR v. State Of West Bengal &ANR

14.2.2022 sb CRR 777 of 2019 (Via video conference) In the matter of : Pradip Bose @ Chandan Bose & Anr. .......Petitioners Mr. Anil Kumar Chattopadhyay .....for the petitioners Mr. Swapan Banerjee Ms. Debjani Sahu ....for the State Mr. Chattopadhyay, learned advocate appearing for the petitioners submits that pursuant to the earlier order, service has been effected upon the private opposite parties. The petitioners approached this court pursuant to the charge-sheet submitted in connection with M.P.Ghora Police Station Case No. 124 of 2016 dated 26.6.2016 under Sections 341/323/354/34 of the Indian Penal Code.

As none appears on behalf of the State, Mr. Banerjee, learned advocate, who ordinarily appears on behalf of the State, is directed to appear in this matter, his appointment may be regularised by the concerned authorities.

Record reveals that the learned Magistrate was pleased to take cognizance by an order dated 8th February, 2017 after the charge-sheet was received by the said Court. The stage, as it reveals from the records, reflects that charge was yet to be framed when the petitioners approached this Court.

Having regard to the contentions which have been advanced by the learned advocate for the petitioners, I am of the view that no interference can be called for at this stage as the issues raised are purely question of facts.

However, if the charge has not been framed till date, the learned advocate for the petitioners will be at liberty to agitate the points canvassed in this revisional application at the stage of consideration of charge before the jurisdictional Court. With the aforesaid observations, the revisional application being CRR 777 of 2019 is disposed of.

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

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