Pratap Chandra Roy & ORS v. State Of West Bengal & ANR

01.10.2021 Ct No. 34 SL. No.20 Somnath (PA)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE (Through Video Conference) CRR 1468 of 2011 In the matter of : An application under Section 482 of the Code of Criminal Procedure And In Re: Sri Pratap Chandra Roy & Ors.

......Petitioners.

Mr. Arijit Ganguly ..... For the State.

The revisional application was preferred challenging the proceeding arising out of Lake Police Station Case No. 157 dated 17.07.2009 under Section 408/406/120B of the Indian Penal Code, pending before the Learned Chief Judicial Magistrate, Alipore, South 24-Parganas. The petitioners approached this Court at the stage when the Police Authorities on conclusion of investigation submitted charge-sheet under Sections 408/406/120B/201 of the Indian Penal Code.

As none appeared on behalf of the State, Mr. Arijit Ganguly Learned Advocate was directed to appear and represent the State. His appointment may be regularised by the concerned Authorities.

Having regard to the fact that the petitioners approached this Court at a stage when the documents under Section 207 of the Code of Criminal Procedure were not served, I am of the view that the revisional application is pre-matured as the necessary documents on which the prosecution has relied upon to prove its case are not before the Court.

Petitioners are at liberty to take up the points canvassed in the revisional application at the appropriate stage of the proceedings before the Learned Court below. No interference is called for at this stage by this Court. Accordingly, CRR 1468 of 2011 is dismissed.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)