Md Sajmaul Sekh v. State Of West Bengal

30.06.2023 jb. IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION C.R.R. 1198 of 2023 In re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

In Re: Md. Sajmaul Sekh Vs.

The State of West Bengal Mr. Partha Sarathi Das Mr. Kaushik Biswas Ms. Shamta Sarkar -For the petitioner Mr. Manoranjan Mahata ....For the State The petitioner is directed to serve copy of the revisional application upon Mr. Manorajnan Mahata, learned advocate who ordinarily appears on behalf of the State. His appointment be regularised by the concerned authorities. Learned counsel for the petitioner has challenged the continuance of Kaliachak Police Station case No. 1478/2022 dated 27.12.2022.

Record reflects that the investigation of the case is still continuing and the investigating agency is yet to arrive at their conclusion. There are certain issues which the petitioner has canvassed in the present revisional application. However, the genuinity of the same has to be gone into by the investigating agency. It is not for the High Court to invoke jurisdiction under Section 482 of the Code of Criminal Procedure to adjudicate such issues. Accordingly, the

petitioner would be at liberty to take up the issues which would include both oral and documentary evidence before the investigating officer or his superior officer. The investigating agency will take the same into account before arriving at its conclusion.

With the aforesaid observations, the revisional application, being CRR 1198 of 2023 is disposed of. Pending application, if any, stands 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.)