Amitava Roy Chowdhury v. State Of West Bengal And ANR
IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction 13-06-2023 Subha Item no.50 Ct no.34 CRR 1641 of 2023 Amitava Roy Chowdhury -versus- State of West Bengal & Anr.
Mr. Sk. Md. Bilwal Hossain .... ..for the petitioner.
Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.
Petitioner is directed to serve a copy of the revisional application upon Mr. Arijit Ganguly, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course. The subject matter of challenge relates to the chargesheet arising out of Gariahat P. S. Case No. 325 of 2019 dated 08.12.2019 under Sections 120B of the Indian Penal Code and Sections 3,4,5,7 and 18 of the Immoral Traffic(Prevention) Act, 1956.
The petitioner has approached for quashing of the chargesheet. I find from the revisional application that the FIR and the chargesheet is enclosed and the plea of the petitioner is that he is a customer who has been falsely implicated in the instant case. Till date, the documents under Section 207 of the Code of Criminal Procedure has not been handed over to the petitioner as submitted by the learned advocate for the petitioner.
The present revisional application is a premature application. Petitioner would be at liberty to take out an application under Sections 239/227 of the Code of Criminal Procedure at the stage of the consideration of charges before the learned trial court
after the documents are supplied to them.
The learned trial court would dispose of the same in accordance of law without being influenced by any observations made by this court. No interference is called for at this stage.
With the aforesaid observations, the present revisional application being CRR 1641 of 2023 is disposed of.
. Pending any other applications are 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]