Jitendra Sinha & ANR v. State Of West Bengal & ORS

06-05-2022 Subha Item no.51 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction CRR 812 of 2013 In the matter of : Jitendra Sinha & Anr.

.....petitioners.

In Re : An application under Article 227 of the Constitution of India. Mr. Anwar Hossain Ms. Manisha Sharma ................for the State.

The revisional application was preferred challenging Narkeldanga P. S. Case No. 290 of 2011 dated 27.08.2011.

Record reflects that the revisional application is yet to be admitted after more than 8 years have passed. As none represented the State, Ms. Manisha Sharma, learned advocate, who ordinarily appears on behalf of the State is directed to represent the State. Her appointment may be regularized by the concerned Authorities in due course.

I have considered the contentions advanced in this revisional application and I find that the same related to question of facts, which cannot be considered by this court at the stage when First Information Report was registered.

Having regard to the fact that the revisional application also encloses many communications being made to the Administrative Authorities and Commissions, I am of the opinion that for quashing the First Information Report in respect of the allegations which have been

made for alleged commission of offences, the same cannot be relied, although chargesheet has been submitted under Sections 324/114 of the Indian Penal Code. No interference can be based on issues relating to facts.

Thus, the present revisional application being CRR 812 of 2013 is dismissed.

All pending applications, if any, in connection with the revisional application, 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]