Rana Mukherjee v. State Of West Bengal And ORS.

C.R.R.1947 of 2022 D/L22 11.07.2023 Bpg.

Rana Mukherjee

Versus

The State of West Bengal and others Petitioner has prayed for quashing of the charge-sheet under Sections 498A/406/506 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act which has been filed before the learned ACJM, Bongaon, North 24 Parganas. The enclosure to the revisional application reflects that the petitioner earlier approached this Court when in CRR 859 of 2022 when a co-ordinate Bench was pleased to hold that a prima facie case was made out in the First Information Report itself. At that stage, the co-ordinate Bench was reluctant to interfere with the investigation as the issues which were canvassed related to disputed question of facts.

In the present revisional application only the report under Section 173 of the Code of Criminal Procedure has been enclosed and there are no documents to suggest on the basis of which documents the investigating agency has arrived at their opinion under Section 173 of the Code of Criminal Procedure. Petitioner is granted liberty to take out an application in the nature of Section 227 of the Code of Criminal Procedure before the appropriate forum only after receipt of the copies under Section 207 of the Code of Criminal Procedure.

Learned trial court would dispose of the same in accordance with law without being influenced by any observations

made by this Court while considering the present revisional application.

Thus CRR 1947 of 2022 is disposed of.

Pending 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.)