Tozammel Mondal v. State Of West Bengal

20.03.2023 Ct. No.34 S/L No.14 KS C.R.R. 1123 of 2021 Tozammel Mondal -Vs.- The State of West Bengal Mrs. Baisali Basu .....For the State The present revisional application has been preferred challenging the continuance of proceedings of Kulti Police Station Case No.452 of 2017 dated 17.10.2017 under Sections 13(d)/ 13(e)/ 13(2) of the Prevention of Corruption Act, 1988 as also the charge-sheet submitted therein. As none appears on behalf of the State, Mrs. Baisali Basu, learned advocate who ordinarily represents on behalf of the State is directed to represent the case on behalf of the State. Her appointment may be regularized by the concerned authorities.

I have considered the contentions advanced in the revisional application and the documents so relied upon. On an assessment of the subject-matter of challenge which are based on documents, I am of the opinion that the issue so canvassed involves mixed question of facts and law. In view of the aforesaid, this Court at this stage when the charge-sheet has been submitted is not in a position to test the veracity of the documents enclosed. However, the petitioner would be at liberty to canvas such points at the appropriate stage of proceedings.

With the aforesaid observations, C.R.R. 1123 of 2021 is disposed of. Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)