Sk Safidul Islam And Others v. State Of West Bengal And ANR

06.03.2024

IN THE HIGH COURT AT CALCUTTA

Item No.40 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1231 of 2023 In the matter of : Sk. Safidul Islam & Ors. ... Petitioners. Mr. Anjan Banerjee ... For the Petitioners.

The petitioners have challenged the proceeding without any case number being FIR No. 53 of 2019 dated 08.02.2019 and charge-sheet No. 34 of 2020 dated 08.02.2020 which according to the petitioners is the proceeding under Sections 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act in connection with G.R. Case No. 263 of 2019 pending before the learned Judicial Magistrate, 5th Court, Howrah.

The enclosures of the revisional application do not reflect any documents of G.R. Case No. 263 of 2019 and/or the FIR which give rise to such case. Having considered the contentions in the revisional application and the nature of the documents so enclosed, I am of the view that the revisional application is not maintainable in view of want of documents. Records reflect an opportunity was granted on 05.12.2023 to file supplementary affidavit enclosing the FIR and the charge-sheet so submitted. Accordingly, pursuant to the earlier direction, the revisional application again appeared today. Learned advocate for the petitioners prays for an accommodation. I am of the view that having regard to the nature of the documents enclosed with the present revisional

application, the present revisional application is not maintainable.

Accordingly, the revisional application being CRR 1231 of 2023 is dismissed.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)