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Calcutta High CourtCRR/1632/2023disposed

Jahangir Mia @ Jahangir Alam v. State Of West Bengal

2023-12-08Hon'Ble Justice Tirthankar Ghosh2 pages

08.12.2023

IN THE HIGH COURT AT CALCUTTA

Item No.29 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1632 of 2023 In the matter of : Jahangir Mia @ Jahangir Alam ... Petitioner. Ms. Jeenia Rudra ... For the Petitioner.

Ms. Manisha Sharma ... For the State.

Learned advocate appearing for the petitioner is directed to serve copy of this revisional application upon Ms. Manisha Sharma, learned advocate, who ordinarily appears for the State. Her appointment may be regularised by the concerned authorities.

The subject-matter of the proceedings relate to Special Case No. 10 of 2018 which arose out of Gangarampur Police Station Case No. 70 of 2017 dated 15.02.2017. I find from the records that charge-sheet was submitted after the investigation was concluded and the triggering point of investigation was recovery relating to 650 bottles of phensedyl. The investigating authority on conclusion of investigation, submitted charge-sheet. Petitioner has not enclosed the documents under Section 207 of the Code of Criminal Procedure so relied upon by the prosecution in order to substantiate their report under Section 173 of the Code of Criminal Procedure.

Having regard to the same, I am of the view that the revisional application is wanting materials for adjudication. The petitioner would be at liberty to take up all the points

canvassed in the revisional application at the time of consideration of charges before the learned trial court. Learned trial court would consider, if any application is preferred under Section 227 of the Code of Criminal Procedure in accordance with law without being influenced by any observations made by this Court.

With the aforesaid observations, the revisional application being CRR 1632 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.)