Sumit Banerjee And ANR. v. State Of West Bengal And ANR.

C.R.R. 1255 of 2022 01.12.2023 SL. 134 Court No. 34 Suvayan In Re: - An application under Section 482 read with Section 401 of the Code of Criminal Procedure.

And In the matter of: Sumit Banerjee ....petitioner.

Mr. Bidyut Kr. Halder Mr. Indranil Halder Ms. Neha Singh ...for the petitioner.

Mr. Tanmay Kr. Ghosh Mr. Pritha Paul ...for the State.

Memorandum of evidence so filed be kept with the record. Petitioner has challenged the continuance of the proceedings arising out of Bally P.S. Case No. 65 of 2019 dated 20.06.2019. The investigating agency on conclusion of the investigation submitted charge-sheet in connection with the said case. Mr. Tanmay Kr. Ghosh, learned Advocate appearing for the State has submitted the Case Diary. Case Diary reflects that the investigating agency in support of its case has relied upon seven witnesses which includes the complainant. The allegations of the complainant both in the complaint and in the statement under Section 164 Cr.P.C. reflects prima facie ingredients relating to outraging of her modesty, the mother-in-law, viz., Rekha Banerjee has also been cited as a witness there are injury reports of Rekha Banerjee in the Case Diary also.

Having regard to the prayer of the petitioner, I am of the opinion that the same is pre-matured. Petitioner would be at liberty to canvass such issue at the stage of consideration of charges by

taking out an application under Section 239 of the Cr.P.C. Needless to state that the learned Trial Court would independently decide the issues without being influenced by any observations made by this Court.

With the aforesaid observations, the present revisional application being CRR 1255 of 2022 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)