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Calcutta High CourtCRR/1612/2021disposed

Amitava De Bhowmick v. State Of West Bengal And ANR

2021-08-19Hon'Ble Justice Kausik Chanda2 pages

19.08.2021 Ct No. 35 D/L 118 ab C.R.R. 1612 of 2021 (Via Video Conference) Re: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India.

In re : Amitava De Bhowmick, ... Petitioner Mr. Arnab Saha, ... for the petitioner Mr. Rana Mukherjee, learned advocate has been requested to appear in this matter on behalf of the State. Let the appointment of Mr. Mukherhjee be regularised. A copy of the revisional application has been served upon him.

The petitioner is a de-facto complainant in a proceeding being G.R.

Case No.

of under Sections 420/406/408/467/468/471/120B of the Indian Penal Code, 1860, pending before the learned Additional Chief Metropolitan Magistrate-II at Calcutta, Bankshall Court.

It appears that the investigating agency has filed the final report in terms of Section 173 of the Code of Criminal Procedure, 1973, as "F.R.T" as the dispute was "civil in nature". Upon receipt of such police report, the learned Magistrate in the Court below issued a notice upon the petitioner/de-facto complaint for appearance before the Court on June 6, 2021.

It is the grievance of the petitioner that the petitioner has not been supplied with the charge sheet and other documents relied upon by the prosecution.

There is no scope to pass any order in this revisional application.

The petitioner will be at liberty to appear before the learned Magistrate in the Court below following the notice issued to him. If he so appears, the charge sheet and other documents relied upon by the prosecution shall be supplied to him. The revisional application being C.R.R. 1612 of 2021 is, thus, disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance with all necessary formalities.

(Kausik Chanda, J.)