Rangalal Mula And Others v. State Of West Bengal And ANR

06.09.2023 Court No.34 pg.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 1456 of 2023 Rangalal Mula & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Somopriyo Chowdhury Mr. Debapratim Guha Ms. Anchita Sarkar ... For the petitioners Mr. Tanmoy Kumar Ghosh Ms. Sujata Das ... For the State Report submitted by Mr. Tanmoy Kumar Ghosh, learned advocate, be kept with the record.

Report submitted by the learned Additional Chief Judicial Magistrate, Uluberia, Howrah, be also kept with the record. Both the reports reflect that there was some difficulty in recording of the order before the learned Magistrate and it was not informed regarding the death of Champarani Mula. However, clarification has been received from the learned Magistrate as well as the officer concerned of the police station that she has expired. So far as the main merit of the revisional application is concerned, i.e., Udaynarayanpur Police Station Case No.132 of 2018 dated 19th November, 2018, the petitioners approached this Court at the stage when the charge sheet was submitted before the

jurisdictional Court. However, copies under Section 207 of the Code of Criminal Procedure were not supplied to the concerned persons. Accordingly, I hold that the revisional application is premature.

The petitioners would be at liberty to approach this Court after the documents/copies under Section 207 of the Code of Criminal Procedure are supplied to them and/or they will have the liberty to approach the jurisdictional Court at the appropriate stage by invoking the provision of Section 239 of the Code of Criminal Procedure.

Needless to state that the learned Magistrate who is considering the application under Section 239 of the Code of Criminal Procedure will arrive at its conclusion independently and without being influenced by any observation made hereinabove. With the aforesaid observations, the revisional application, being CRR 1456 of 2023, is disposed of.

Pending application, if any, is 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.)