Mahammad Obaidulla v. State Of West Bengal And ANR

20.03.2024 Item No.33 Suman Ct.34 CRR 1157 of 2024 Mahammad Obaidulla Vs.

The State of West Bengal and Anr.

Mr. Habibur Rahaman Mr. A. Singh ..for the petitioner The petitioner has challenged the continuance of the proceedings of Berhampur P.S. Case No. 1322 of 2019 which is pending before the learned Chief Judicial Magistrate, Berhampur at Murshidabad.

The learned advocate for the petitioner submits that he has very recently received the document under Section 207 of the Code of Criminal Procedure. It is the foundation of the offence for which charge sheet has been submitted. However, none of the documents are enclosed with the present revisional application. Accordingly, I direct the petitioner to ventilate his grievance by taking out an application under Section 239 of the Code of Criminal Procedure before the jurisdictional Court thereby praying for discharge before the said Court. Learned jurisdictional Court will consider

the merits of the petition independently without being influenced by any observations made by this Court. With the aforesaid observations, CRR 1157 of 2024 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Tirthankar Ghosh, J.)