Madhu Majhi @ Madhupati Majhi v. State Of West Bengal And ANR

12.06.2023 Ct. No. 34 Sl. No.62 akd

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE C. R. R. 1945 of 2023 In Re: Madhu Majhi @ Madhupati Majhi ... ... Petitioner In Re: An application under Section 482 of the Code of Criminal Procedure.

Mr. Chirantan Sarkar Ms. Rupoma Bhattacharjee ... ... for the petitioner Mr. Pravas Bhattacharya Mr. Mirza Firoj Ahmed Begg ... ... for the State The petitioner is directed to serve a copy of the revisional application upon Mr. Pravas Bhattacharya, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities.

The subject matter of the revisional application relates to quashing of the charge sheet arising out of Galsi Police Station Case No.34 dated 07.02.2013 wherein charge sheet was filed in the year 2016 under the relevant provisions of Sections 364/379/34 of the Indian Penal Code.

Having regard to the fact that the petitioner approached this court seven years after the charge sheet was submitted and none of the documents under Section 207 of the Code of Criminal Procedure having being enclosed in the revisional application, I am of the view that the revisional application is wanting materials for consideration. However,

having regard to the fact that the learned advocate appearing for the petitioner claims there is an arguable case, I direct that at the stage of consideration of charges the learned trial court would take into account the issues which have been canvassed in the present revisional application in the background of the documents relied upon by the prosecution. The petitioner would be at liberty to take out an application in the nature of Sections 239/227 of the Code of Criminal Procedure at the appropriate stage within a limited period of time. Learned trial court would dispose of the same in accordance with law.

With the aforesaid observations, CRR 1945 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

All parties are to act on a 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.)