Kaushik Kumar Kar v. State Of West Bengal And ANR

14.09.2023 Serial no. 16 [G.S.D] CRR 1223 of 2022 In the matter of : Kaushik Kumar Kar ... ... Petitioner Mr. Sabyasachi Mukherjee Mr. Arka Chakraborty ... For the Petitioner Mr. Tanmay Kr. Ghosh ... For the State The petitioner is directed to serve a copy of this revisional application upon Mr. Tanmay Kr. Ghosh, Learned Advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authority. Learned advocate for the petitioner submits Supplementary Affidavit. Let the same be kept with the record.

I have heard the submissions of ld. Advocate appearing for the petitioner as well as for the State. The stage, at which the petitioner approached this Court, is at the stage of investigation. Subsequently, charge-sheet has been submitted and copies under Section 207 Cr.P.C. has been supplied to the petitioner.

Having regard to the issues now being canvassed, I am of the opinion that the same relates to question of facts.

However, the petitioner would be at liberty to take out an application under section 239 of the Cr.P.C. by adding the issues relating to the disputes existing between the parties and pray for discharge before the jurisdictional court. The ld. Jurisdictional court would consider the issue in its proper perspective and dispose of the same in accordance with law without being influenced by any of the observations made by this court while disposing of the present revisional application.

With the above observations, CRR 1223 of 2022 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

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

(Tirthankar Ghosh, J.)