Dipika Khandekar v. State Of West Bengal And ANR

16.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.142 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1500 of 2024 In the matter of : Dipika Khandekar ... Petitioner.

Mr. Sandipan Das, Ms. Indrani Roy ... For the Petitioner.

Petitioner is aggrieved by the orders dated 02.07.2021 and 24.01.2024 passed by learned Additional Chief Judicial Magistrate, Baruipur in connection with Narendrapur Police Station Case No. 852 of 2020 dated 17.09.2020. The said case has been registered under Sections 380/411 of the Indian Penal Code. The primary grievance of the petitioner is regarding the custody and return of the seized gold ornaments.

Learned advocate appearing for the petitioner modifies his prayer to the extent that all the gold ornaments which were seized in connection with the instant case should be produced in course of the trial for proper identification. Having considered the nature of the case which has been registered and the proof which is called for in respect of cases where charges are framed under Sections 380/411 of the Indian Penal Code, it is the primary duty of the prosecution and the prosecution will ensure that the ornaments are produced in course of the trial. So far as the claim of the present petitioner is concerned that would be considered at the end of the trial after the final verdict is delivered by the learned trial court.

With the aforesaid observations, the revisional application being CRR 1500 of 2024 is disposed of. 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.)