Jasodulal Hazra And ORS v. State Of West Bengaland ANR

C.R.R. No.971 of 2021 D/L70 27.09.2022 Bpg.

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

Jasodulal Hazra and others

Versus

The State of West Bengal & Anr.

Mr. Jayanta Samanta, Mr. Karunamoyee Samanta.

...for the petitioners.

Mr. Madhusudan Sur, Mr. Dipankar Paramanick.

...for the State.

Learned advocate appearing for the petitioners submits that out of private and personal grudge, the present case has been initiated against the petitioners. The petitioners and the de facto complainant are neighbours and there are disputes, which are civil disputes between the parties and in order to satisfy her grudge, the complainant has instituted the instant case.

Mr. Madhusudan Sur, learned advocate appearing for the State submits that prima facie the materials which have been collected by the Investigating Agency and relied upon by the prosecution established a case for the purposes of framing of charges. The statement of the witnesses spell out regarding the offence being committed and there are injury report which are also available in the case diary.

Be that as it may, this Court considering the stage of the case do not intend to give any opinion so far as the applicability of the sections in relation to the materials collected by the

Investigating Agency is concerned. Having regard to the stage of the case, I direct that the petitioners would be at liberty to agitate the points canvassed in the revisional application at the stage of crossexamination and final arguments of the case. With the aforesaid observations, CRR 971 of 2021 is disposed of.

Pending 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. (Tirthankar Ghosh, J.)