Suvankar Dhar And ANR v. State Of West Bengal And ANR

24.08.2021 Ct.35 AKG CRR 1523 of 2021 (Through Video Conference) In Re: - An application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 And In the matter of: Suvankar Dhar & Anr.

.... Petitioners Mr. Anupam Kumar Bhattacharyya, Ms. Suparna Biswas, Mr. Dilip Kumar Mandal ...For the Petitioners Ms. Sukanya Bhattacharyya, Mr. Mirza Firoj Ahmed Begg ...For the State The only grievance of the petitioners against impugned order dated July 16, 2021 is that even after the passing of an order dated July 2, 2021, by the learned Chief Judge, City Sessions Court at Calcutta in Criminal Revision No. 90 of 2021, the petitioners were not supplied with the charge sheet and other relevant documents relied upon by the prosecution.

It appears that by the said order dated July 2, 2021, the learned Sessions Judge directed the trial Court to ensure supply of the copies of the police report as per Section 207 of Code of Criminal Procedure, 1973 to the petitioner and thereafter consider charges against the petitioner.

From the order dated 16th July, 2021, passed by the learned Magistrate in the Court below, it appears that the learned Magistrate

specifically recorded that the copies of the police report and the relevant documents or the relevant extract thereof forwarded to the Court with the police report under Section 173 of the Code of Criminal Procedure, were supplied to the accused, free of cost, in accordance with the provision of the Code of Criminal Procedure, 1973 and the petitioner duly received the same by putting his signature on the margin of order sheet.

It does not appear that the petitioner has approached the learned Magistrate in the Court below by filing any application against such recording.

That being the position, I have no reason to disbelieve the said recording of the learned Magistrate that all relevant documents relied upon by the prosecution were supplied to the accused/petitioner. There is no merit in this revisional application. Accordingly, the revisional application being CRR 1523 of 2021 is dismissed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.)