Himanshu Ghorui And ORS. v. State Of West Bengal And ANR.

May 3, 2023 AD - 48 Ct. 34 SG CRR 1653 of 2021 In Re. An application under Section 482 of the Code of Criminal Procedure, 1973.

Himanshu Ghorui and others -versus- The State of West Bengal and another Mr. M. Chatterjee ... for the petitioners.

Mr. Anwar Hossain Ms. Manisha Sharma ... for the State.

The revisional application was preferred challenging the FIR and charge-sheet submitted in connection with Kakdwip Police Station Case No.359 of 2020 dated 09.12.2020.

Mr. Hossain, learned advocate for the State submits that copies of documents are yet to be served upon the accused persons on which the prosecution intend to rely upon.

Having regard to the stage at which the petitioners approached this court only by referring to the FIR and the formal charge-sheet without the document on which the prosecution intends to rely, I am of the view that the revisional application was preferred at prematured stage. The petitioners would be at liberty to canvass such points in the revisional application after receipt of the

documents under Section 407 Cr.P.C. at the stage of Section 239 Cr.P.C before learned trial court. With the aforesaid observations, CRR 1653 of 2021 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. ( Tirthankar Ghosh, J. )