Raghunath Hazra And Another v. State Of West Bengal And ANR

C.R.R.1686 of 2024 D/L198 26.04.2024 Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Raghunath Hazra and another

Versus

The State of West Bengal and another Mr. Krishanu Ganguly Mr. Sandeep Prasad Shaw Mr. Aman Kumar Singh.

...for the petitioners.

Petitioners have challenged the continuance of Mahishadal Police Station Case No.882 dated 28.12.2023 wherein the investigating agency on conclusion of investigation has already submitted charge-sheet.

I have considered the documents under Section 207 of the Code of Criminal Procedure which includes the medical report as well as the statement of the witnesses. Having regard to the same, I am of the view that the petitioners ought to first canvass the issues in the present revisional application before the learned trial court prior to consideration of charges.

Accordingly, if the petitioners, if so advised, would file an application under Section 239 of the Code of Criminal Procedure, the learned ACJM, Haldia-II, Purba Medinipur or any court in seisin of the matter would consider the said application under Section 239 of the Code of Criminal Procedure independently without being influenced by any observations made by this Court. With the aforesaid observations, CRR 1686 of 2024 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.)