Md Nasiruddin & ORS v. State Of West Bengal

26.08.2021 Item no.8 Ct. No.34 CHC C.R.R. No.1081 of 2012 (Physical Hearing) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Md. Nasiruddin & ors.

... petitioners Mr. Pradyat Saha ...for the petitioners Mr. Bidyut Kr. Ray, Ms. Manisha Sharma ...for the State Report submitted by Mr. Ray, learned advocate appearing for the State be kept with the record.

The revisional application reflects that the petitioners approached this Court at the stage when investigation of the case was under progress. Subsequently, report reflects that charge-sheet has already been submitted before the jurisdictional court. The number of the sessions trial case reflects that case was committed to the court of sessions. Learned advocate for the petitioners, however, is unable to apprise this Court regarding the latest stage of the proceedings.

As the report under Section 173 of the Code of Criminal Procedure has already been filed and the petitioners approached this Court at the stage of investigation, I am of the view that there has been change of circumstances and the petitioner approached this Court at a premature stage, as such, any interference by this Court is unwarranted because of the changed circumstances.

Petitioners would be at liberty to agitate the points at the appropriate stage of the trial.

With the aforesaid observations, C.R.R.1081 of 2012 is disposed of.

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

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)