Sujata Singh v. State Of West Bengal And ANR

11.03.2024

IN THE HIGH COURT AT CALCUTTA

Item No.102 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1465 of 2023 In the matter of : Sujata Singh ... Petitioner.

Mr. Fazlur Rahman, Md. Babul Hussain, Mr. Sourav Paul ... For the Petitioner.

Supplementary affidavit filed on behalf of the petitioner be kept with the record.

Learned advocate appearing for the petitioner submits that the investigating agency on conclusion of investigation has submitted charge-sheet alleging that a sum of Rs.32,00,000/- was taken away from the complainant by deceitful means. Learned advocate submits that there has been refund which is much more than that.

I have considered the stage at which the petitioner has approached this Court as the petitioner has been able to lay his hands only on the report under Section 173 of the Code of Criminal Procedure, but none of the documents under Section 207 of the Code of Criminal Procedure has been relied upon as the petitioner is yet to receive the same. Having considered the issues so canvassed, I grant liberty to the petitioner to take out an application under Section 239 of the Code of Criminal Procedure before the learned Magistrate after receipt of the documents under Section 207 of the Code of Criminal Procedure. Learned Magistrate would consider the same and arrive at its

independent findings without being influenced by any observations made by this Court.

With the aforesaid observations, the revisional application being CRR 1465 of 2023 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.)