Dinesh Poddar v. State Of West Bengal & ORS

02.08.2021 IN THE HIGH COURT AT CALCUTTA Sl.No. 41 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No. 34 APPELLATE SIDE Amalranjan (Via Video Conference) CRR No. 1128 of 2018 In re: Dinesh Poddar ........ Petitioner Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

Mr. Debashis Roy Mr. Sourav Chatterjee Md. Afzal Ansari Mr. Avik Ghatak ...for the petitioner Mr. Ranabir Roy Choudhury Mr. Imran Ali Mr. Mirza Firoj Ahmed Begg Mr. Mainak Gupta ...for the State The affidavit of service filed in court is kept with the record.

The present revisional application is in respect of the order dated 22.08.2017 passed by the learned Judicial Magistrate, 7th Court, Asansol, Burdwan in connection with G.R. Case No. 359 of 2015 corresponding to Asansol (South) Police Station Case No. 58 of 2015 dated 15.02.2015. The grievance of the petitioner is as reflected in the revisional application relates to the rejection of the

petitioner's prayer for further investigation being refused by the learned Magistrate.

It has been submitted by the learned advocate for the petitioner that supplementary chargesheet has already been filed and the same is still pending for consideration of charge. Having regard to the fact that the case was registered in the year 2015 and even after six years the same is still pending for consideration of charge, I am of the view, at this stage direction for investigation will not suffice the ends of justice. However, the complainant should also not be without any remedy, in case the evidence is not collected or the accused who was supposed to be implicated in the chargesheet has not been so implicated by the investigating agency.

In case, after consideration of charge the learned Magistrate during the progress of the trial finds that materials have surfaced which would require invoking the provisions of Section 319 of the Criminal Procedure Code or Section 311 of the Criminal Procedure Code, the learned Magistrate would appreciate the same in its true perspective and apply the same at the appropriate stage of the case. The revisional application being CRR 1128 of 2018 is disposed of.

The pending applications, if any, are consequently disposed of.

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