Amalesh Chandra Saha v. State Of West Bengal And ANR

C.R.R.1554 of 2023 D/L86 07.03.2024 Bpg.

In Re: A petition under Section 482 of the Code of Criminal Procedure; Amalesh Chandra Saha

Versus

The State of West Bengal and another Mr. Joy Chakraborty Mr. Sandip Dinda.

...for the petitioner.

Petitioner has challenged the continuance of Malipanchghora P.S. Case No.172 of 2022 dated 25.09.2022. The police authority on conclusion of investigation has submitted charge-sheet. None of the documents under Section 207 of the Code of Criminal Procedure has been enclosed along with the revisional application.

Petitioner is granted liberty to take up the issue canvassed in the present revisional application at the stage of consideration of charges before the learned CJM, Howrah or the learned trial court in seisin of the matter. If an application under Section 239 of the Code of Criminal Procedure is filed, learned Magistrate would consider the prayers independently without being influenced by any observations made by this Court. With the aforesaid observations, CRR 1554 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)