Chandra Nath Mondal v. State Of West Bengal & ANR

C.R.R. No.1807 of 2012 (Via Video Conference) D/L44.

September 7, 2021 Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Sri Chandra Nath Mondal

Versus

State of West Bengal & Anr.

Ms. Baisali Basu.

...for the State.

As none appears on behalf of the State, Ms. Baisali Baus, learned advocate, is directed to appear in this matter for assisting this Court. Her appointment may be regularised by the concerned authorities.

The present revisional application was preferred challenging the order dated 8.2.2012 passed by the learned Chief Judicial Magistrate, Howrah in connection with G.R. Case No.3749 of 2011 (Sankrail P.S. Case No.386 of 2011 dated 22.7.2011). The impugned order reflects that the learned Magistrate on being satisfied was pleased to take cognizance of the offence and directed for supply of copies to the accused persons and their appearance on the next date, that is, on 13.03.2012. Having regard to the fact that the interim order was passed in the revisional application which was existing till 11th December, 2012, I am of the view that it was incumbent upon the present petitioner to produce before this Court the latest stage of the case before the learned trial court. However, the points so

canvassed in the revisional application is relating to question of facts and the learned Magistrate having taken cognizance of the offence on the documents on which the present petitioner proposes to rely, I am of the view that the revisional application was preferred at a premature stage and, as such, no interference is called for. Accordingly, CRR 1807 of 2012 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

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