Vijay Pathak v. State Of West Bengal

01.05.2024 Serial no. 79 [G.S.D] CRR 1769 of 2024 In the matter of : Vijay Pathak ... ... Petitioner Mr. A. K. Adhya ... for the petitioner The subject-matter of the case relates to Sankrail P.S. Case No. 94/2024 dt. 4.2.2024 and the investigating agency on completion of investigation has submitted chargesheet. Copies under section 207 of the cr.p.c. have also been supplied to the acused persons.

Having regard to the nature of the offence complained of, I am of the view that the petitioner be granted an opportunity to first canvass all the issues before the ld. trial court at the stage of consideration of charges. If any application is filed before the ld. trial court, in the nature of section 227/239 of the cr.p.c. at the appropriate stage, in that case, the ld. trial court will consider the same in accordance with law without being influenced by any of the observations made by this court. Needless to state that, this court has not entered into the merits of the case and has left to the discretion of the ld. trial court in respect of further continuation of the proceedings.

With the aforesaid observations, CRR 1769 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)