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Calcutta High CourtCRR/1220/2024disposed

Pravas Saha And ORS. v. State Of West Bengal And ANR

2024-03-28Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.1220 of 2024 D/L21 28.03.2024 Bpg.

In Re: An application under Section 482 read with Section with 401 of the Code of Criminal Procedure, 1973;

Pravas Saha and others

Versus

The State of West Bengal and another Mr. Subhadeep Chatterjee.

...for the petitioners.

Petitioners have prayed for quashing of the proceedings arising out of Purbasthali Police Station Case No.145 of 2023 dated 21.07.2023. The investigating agency on conclusion of investigation has submitted charge-sheet under Sections 498A/406/506/3434 of the Indian Penal Code. The petitioners are either to receive the copies under Section 207 of the Code of Criminal Procedure or the same has not been handed over neither the same has been enclosed in the revisional application.

Accordingly, I am of the view that the revisional application is premature. Petitioners would be at liberty to take out an application under Section 239 of the Code of Criminal Procedure after receipt of the documents under Section 207 of the Code of Criminal Procedure. Learned Magistrate would consider such application independently without being influenced by any observations made by this Court and dispose of the same in accordance with law.

With the aforesaid observations, CRR 1220 of 2024 is disposed of.

Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)