Bijay Kumar Pasi v. State Of West Bengal And ORS.

06.12.2023 item No.26 Rakib (PA) ct. no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 1352 of 2023 Bijay Kumar Pasi.

Vs The State of West Bengal & Ors.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Mr. Dipanjan Chatterjee, Mr. Kalyan Kumar Bhattacharjee, Ms. Reshmi Khatun.

.... For the Petitioner.

Mr. Pravas Bhattacharya.

....For the State.

Present case being Basudevpur P.S. case no. 13/23 was registered on 20.01.2023, more than 11 months have been expired since then. The offences are under Sections 448/354/323/506/34 of Indian Penal Code.

Mr. Chatterjee, learned Advocate appearing on behalf of the petitioner submits that there are two parts in the letter of complaint which has been treated as FIR. The later part relate to non-cognizable offence, yet the FIR was registered for investigation. The petitioner is directed to serve a copy of the revisional application upon Mr. Pravas Bhattacharya, learned Advocate who ordinarily appears for the State. His appointment may be regularized by the concerned authorities.

I have taken into account the locus of the present petitioner and the fact that the parties amongst them have initiated number

of cases and counter cases. However, having regard to the period of time which has lapsed and considering the nature of the offence complained, until and unless a report is submitted under Section 173 Cr.P.C. is filed, it would be difficult at this stage to adjudicate regarding the truth or falsity of the allegations. Considering the same I grant liberty to the petitioner to approach this Court at the appropriate stage.

With the aforesaid observations CRR 1352 of 2023 is 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.)