Asis Das@Ashis Das And ORS. v. State Of West Bengal And ANR.
12.04.2023
IN THE HIGH COURT AT CALCUTTA
Item No.36 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.
C.R.R. 1589 of 2021 Sri Asis Das @ Ashis Das & others versus State of West Bengal & another In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.
Mr. S. G. Mukherjee, Ld. P.P., Mr. Narayan Prasad Agarwala ... For the State.
None appears for the petitioners or the State. Accordingly, Mr. Narayan Prasad Agarwala, learned advocate, who ordinarily appears for the State, is directed to represent the State. His appointment may be regularized by the concerned authorities.
The subject-matter of this revisional application relates to quashing of the charge-sheet submitted in connection with Namkhana Police Station Case No. 46 of 2021 dated 07.04.2021 under Sections 341/325/379/506/34 of the Indian Penal Code.
Having considered the submissions advanced in this revisional application, I find that the subject-matter of challenge relates to issue of facts which cannot be considered by this Court at this stage. Further, none of the documents, relating to Section 207 of the Code of Criminal Procedure which related to collection of evidence of the prosecuting agency which they intend to rely upon for continuation of the proceedings, is enclosed in this revisional application which therefore, does not reflect a proper picture regarding the
criminal case which is the subject-matter of challenge. Having considered the nature of contentions in this revisional application, no interference is called for.
The petitioners would be at liberty to canvass such points at the stage of consideration of charges or in course of trial of the case.
With the aforesaid observations, the revisional application being CRR 1589 of 2021 is disposed of. Pending connected applications, if any, are 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 with all requisite formalities.
(Tirthankar Ghosh, J.)