Mafijul Rahman@Raju And ORS v. State Of West Bengal And ANR

20-02-2023 Subha Item no. 30 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction C.R.R 1061 of 2021 Re : An application under Section 482 of the Code of Criminal Procedure. Mafijul Rahman @ Raju & Ors.

-versus- The State of West Bengal & Anr.

Ms. Sreyashee Biswas ...for the State.

The revisional application has been preferred challenging the proceedings relating to Burdwan Women Police Station Case No. 141 of 2019 dated 03.05.2019 under Sections 498A/34 of the Indian Penal Code.

As none appears on behalf of the State, Ms. Sreyashee Biswas, learned advocate who ordinarily appears on behalf of the State is directed to appear on behalf of the State. Her appointment may be regularized by the concerned Authorities in due course. The petitioners approached this court at a stage when the investigation of the case was under progress. The record of the revisional application encloses copies of the FIR, the chargesheet which has been submitted under Section 498A/34 IPC, documents relating to the application under Section 125 of the Code of Criminal Procedure, a notice under Section 41A Cr.P.C and certified copy of the orders passed in connection with the instant case passed by the learned Chief Judicial Magistrate, Purba Burdwan.

Having considered the stage at which the petitioners approached this court and the fact that none of the documents on which the prosecution proposes to rely has been enclosed along with the revisional application, I am of the opinion that the revisional application relating to the complicity of the petitioners cannot be adjudicated without appreciating the same.

As such, no interference is called for at this stage. Thus, the revisional application being CRR 1061 of 2021 is dismissed. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]