Parag Majumder v. State Of West Bengal And ANR.

C.R.R. No.1637 of 2021 D/L45 03.05.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

Parag Majumder

Versus

The State of West Bengal & Anr.

Mr. Niladri Sekhar Ghosh.

...for the petitioner.

Mr. Narayan Prasad Agarwala, Mr. Pratick Bose.

...for the State.

Mr. Sabyasachi Banerjee, Mr. Anirban Dutta, Ms. P. Mukherjee.

...for the opposite party No.2.

The revisional application was preferred on August 2021 in spite of the same being affirmed on April, 2021. It has been pointed out that the charge-sheet was submitted in the month of January, 2021.

The revisional application in its totality challenges the initiation and continuation of the case but not regarding the opinion of the Investigating Officer so far as its discloses the offences. As the stage at which the petitioner approached this Court in pursuant to the charge-sheet being submitted by the Investigating Agency, I am of the view that the change of circumstances were not incorporated and, as such, the revisional application is not maintainable. Learned advocate for the petitioner prays for withdrawal of the present revisional application with a liberty to file afresh.

Accordingly, CRR 1637 of 2021 is dismissed as not pressed.

Pending application, if any, is consequently disposed of. Petitioner would be at liberty to file afresh taking into account the changed circumstances.

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.)