Anirban Mukherjee & ORS v. State Of West Bengal & ANR

30.09.2021 sb CRR 1083 of 2018 (Via video conference) In the matter of : Anirban Mukherjee & Ors.

.....Petitioners Mr. Sabir Ahmed ....for the petitioners Mr. Rana Mukherjee, Ms. Debjani Sahu ...for the State Mr. Ahmed, learned advocate for the petitioners submits that as the charge has been framed and subsequently, a direction has been passed by this court, it would prejudice the petitioners and as such he intends not to pursue the revisional application.

Earlier by an order dated 15th September, 2021, this court directed the Deputy Commissioner of Police at Barrackpore Police Commissionerate to conduct an enquiry in respect of the charge-sheet submitted in connection with the Baranagar Police Station case no. 135 of 2016 dated 13.2.2016 and call for an explaination from the Investigating Officer as to why the provision of the Section 498A of the Code of Criminal Procedure was not incorporated while submitting the charge-sheet. Today, a report has been submitted by Mr. Rana Mukherjee, learned Addl. Public Prosecutor prepared by the Deputy Commissioner of Police regarding the steps being taken by the Investigating Officer of the case.

Having regard to the fact that a superior officer of police has left it to the Investigating Officer for filing a supplementary charge-sheet on re-appreciation of the materials already

available in the record of the case, I am of the view that no further order need be passed.

The Investigating Officer is directed to submit such report within a reasonable period of time before the jurisdictional court. Let the report be kept with the record. The Investigating Officer of the case is present in Court. His further appearance before this court is dispensed with.

In view of the submissions made by the petitioners, the merits of the contentions were considered by this court. Taking into account the subsequent event which took place pursuant to the orders passed by this Court, I am of the view that the revisional application is disposed of with the direction upon the Investigating agency to comply with the steps as referred in their report.

Thus, CRR 1083 of 2018 is disposed of.

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

All parties shall act on the server copy of this order duly downloaded from the official website of this court. (Tirthankar Ghosh, J.)